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(영문) 제주지방법원 2018.09.03 2018고단1660
주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 28, 2017 to May 28, 2018, the Defendant: (a) when 11:00 to 14:00 at the end of Jeju, the victim’s residence located in C1st floor; (b) when the victim appeared at work and opened a door door door, which was not corrected by entering the mast through open gate, and intrudes into the living room; (c) after having approximately KRW 60,000 in cash owned by the victim who was under custody at the place, the Defendant invadedd the other’s residence by the same method eight times in total; and (d) during total of KRW 2,282,00,000, such as cash and bridges owned by the victim and b,282,00,00.

2. Intrusion upon residence;

A. On February 2, 2018, the Defendant: (a) around 14:55, at Jeju Island, stolen property from the victim F’s house located in E 1st century; and (b) invaded upon the victim’s residence, following the use of the truck loaded in the victim’s side fyp parking lot.

B. On February 2, 2018, around 15:00 at Jeju, the Defendant: (a) taken a victim H’s house located in G1, and then stolen property; (b) taken a victim’s family wall back to the victim’s house; (c) went over the victim’s residence wall; and (d) invaded upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the preparation of D, I, J, K, L, M, N,O, F, and H;

1. Photographss by capturing a black stuffe image;

1. A photograph of each CCTV image to be cut;

1. Each related photograph;

1. Application of the Acts and subordinate statutes to a investigation report (in case of crimes other than this case, attaching field images);

1. Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the facts constituting an offense (a point of intrusion upon residence) of the relevant Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Among the various sentencing conditions shown in the reasoning of sentencing under Article 62-2 of the Criminal Act for the observation of protection and the provision of community service order, the following circumstances are considered, in particular:

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