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(영문) 서울남부지방법원 2018.08.29 2018고단3348
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

(2) On December 3, 2014, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. in the Southern Branch of the Gwangju District Court on December 3, 2014, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on April 8, 2016.

[Criminal facts]

1. Violation of the Punishment of Violences, etc. Act (joint residence intrusion) committed by the Defendant entering a third person’s residence with C to steal property, and around 14:30 on June 23, 2018, at around 102, the Seoul Yeongdeungpo-gu Seoul Metropolitan Government DNA apartment 102. The Defendant intruded into an apartment with 102 entrance, thereby getting on the elevator and getting on the 21st floor.

Accordingly, the defendant infringed upon another person's residence jointly with C.

2. On June 23, 2018, the Defendant violated the Punishment of Violences, etc. Act (damage, etc. to common property) with C, and attempted to collect the above D apartment from around 14:31 to 14:45 on June 23, 2018, 102 Dong 102 ******* in the residence of the victim E, the Defendant attempted to put the front door of the place and the door mold into a forced door, and destroyed the studle door so that the amount of repair costs would be unknown.

Accordingly, the defendant jointly destroyed the property of others with C.

Summary of Evidence

1. Statement by the court of the defendant;

1. E statements;

1. Reports on occurrence of theft;

1. On-the-spot report (CCTV verification);

1. Report on investigation (Attachment to clothes worn by the suspect at the time of committing the crime), clothes and photographs of the suspect worn at the time of committing the crime;

1. The photographs of the entrance that has been damaged;

1. Data from CCTV photographs at the scene of occurrence;

1. Previous convictions in the judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect A's criminal history and period of repeated crime), judgment text (the case of special larceny, etc. at the top of 301 high order in the Gwangju District Court), and Acts and subordinate statutes concerning personal confinement;

1. Article 2 subparag. 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 2 subparag. 2 of the Punishment of Violences, etc. Act, Article 319 subparag. 1 of the Criminal Act (joint residential intrusion, choice of imprisonment with labor), Article 2 subparag. 2 subparag. 1 of the Punishment of Violences, etc. Act, and the Criminal Act.

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