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(영문) 창원지방법원 진주지원 2020.01.09 2019고단1016
야간주거침입절도등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In recent years, the defendant took a course as a student in B established in Gyeongnam-gun, Gyeongnam-gun, and became aware of the victim C, which is the same student, and became able to protect the victim.

1. At night, at around 01:05 on July 25, 2019, the Defendant: (a) opened a panty door, which was not opened and opened a panty door, which was owned by the victim, from around 01:05 to around 01:00; and (b) cut off by having two panty panty lines equivalent to KRW 20,00,000, of the market price of the victim’s possession, which was recorded in the Cheongnam-gun-gun, Ma.

2. On July 25, 2019, around 02:30 on July 25, 2019, in order to view the situation in which the victim was locked, the Defendant entered the said house and intrudes on the victim’s residence in the same manner as the foregoing paragraph (1) to view that the victim was locked.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. On-site photographs, CD-TV images, and CCTV-cap photographs;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 12, 14, 16 of the evidence list);

1. Relevant Article 330 of the Criminal Act and Article 319 of the Criminal Act (the occupation of larceny at night) concerning facts constituting an offense, the choice of punishment, and Article 330 of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment of two crimes, which is heavier than the punishment, at night, by taking

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing in Article 62-2 of the Criminal Act on probation and order to attend the course of the crime of this case was committed by the defendant who intrudes upon the victim's residence while the defendant was her clothes, and the nature of the crime is poor, the victim seems to have suffered considerable mental pain due to the case by women, the primary offender, and the agreement with the victim, and the various conditions of sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following factors.

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