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(영문) 대구지방법원 2017.09.25 2017고단2449
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

The Defendant, while living in the studio located in Daegu Dong-gu B, was aware of the fact that young female 303, a young female living in the budio, was married, installed in the entrance, discovered the entrance password in the entrance, and intruded into the victim's house, and stolen the victim's clothes, etc. at that place.

1. On March 22, 2017, the Defendant infringed upon the victim’s residence, such as gathering a password of the entrance entrance door door door of the victim, which was known to the victim C (V, 21 years old), No. 303 of the Daegu Dong-gu, Daegu-gu, 2017, and then opening a cooling house.

2. On April 1, 2017, around 00:22, the Defendant: (a) opened a door by dividing the password, which he had been aware of in advance, with the clothes of women, etc. prepared in advance at the above place; and (b) intrudes into the 303 unit; (c) followed the clothes located therein; and (d) brought about a cap owned by the victim in the amount of KRW 500,000,00,000 in the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 330 of the Criminal Act (the point of larceny upon residence at night) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [In addition, the punishment shall be aggravated (within the scope of the sum of the long-term punishments of the above two crimes) by intrusion larcenys with heavy residence standards;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined in full view of various sentencing conditions shown in the records and arguments of this case, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

Disadvantageous circumstances: The defendant establishes a mermeras and operates it next to his house.

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