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(영문) 서울북부지방법원 2018.01.10 2017고단3498
주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for four 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. Intrusion into a residence of a victim C;

A. On June 13, 2013, the Defendant, around June 13, 2013, opened a door that was not set up in the house of the victim C (n, 45 years of age) located in Seoul Central-gu Seoul Metropolitan Government, and entered the house and intruded into the house.

B. On August 1, 2014, the Defendant, around August 18, 2014, opened a door that was not set up at the house of the above victim C and invaded upon the residence by entering the place where the house windows were located.

2. In 2016, the Defendant: (a) opened a door that was not set up in the office of the victim E (the age of 25) located in Jung-gu Seoul, Jung-gu, Seoul (the age of 25) and went into the vicinity of the laundry season for the first floor to intrude into the residence.

3. On March 25, 2017, around 16:40 on March 25, 2017, the Defendant: (a) discovered a 1st floor door, which was not set up in order to steal and steal female clothes opened in the second floor stairs of the house of H located in Jung-gu Seoul Metropolitan Government (the age of 56), and entered the 2nd floor, and entered the 40,000 won female panty panty system equivalent to the market value owned by the victim in the said dried building.

Accordingly, the defendant invadedd the victim's residence and stolen the property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to C and I;

1. A written statement of G and E;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

1. Relevant Article 319 (1) of the Criminal Act and Article 329 of the Criminal Act concerning the selection of criminal facts; Articles 319 (1) and 329 of the Criminal Act;

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. The Defendant and the defense counsel asserted the mental and physical disorder of the Defendant and his defense counsel under Article 62-2 of the Criminal Act regarding the order to observe and observe the pertinent facts charged in light of various circumstances, such as the background and means of each of the instant crimes, and the behavior of the Defendant before and after the crime, acknowledged by the evidence mentioned above.

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