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(영문) 대전지방법원 2017.02.08 2016고단3328
주거침입
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 25, 2016, the Defendant filed an appeal with the Daejeon District Court for three years in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive means, etc. by minors under the age of 13) and is still pending in the trial in the trial.

Criminal facts

1. On July 16, 2016, at around 22:55, the Defendant came to the house of the victim D, which was in Sejong, and then stolen the room of the victim E from the revenue of the said house, and intruded the victim’s residence through an open gate.

2. On July 29, 2016, the Defendant, at around 00:40 on July 29, 2016, stolen the room of the victim E from the revenue of the said house to the victim, and subsequently cancelled the correction device, and intruded the victim’s residence into the house.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Application of Acts and subordinate statutes, such as evidence, photographs, etc. (a defendant asserts that the victim D was able to play at any time before this case, and enters the victim D's house at any time, but the facts charged are sufficiently recognized in light of the statements of the above E and D).

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. The following facts are considered: (a) the victim’s intrusion upon the victim’s residence two times during the period of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; and (b) the defendant’s consistent defense does not reflect the crime; and (c) other various sentencing conditions specified in the argument of the case, such as the criminal history, age, sex, environment, means and consequence, and the circumstances after the crime.

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