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(영문) 수원지방법원 2018.01.23 2017고단7363
특수주거침입
Text

A defendant shall be punished by imprisonment for one year.

No. 1 or 2 of the evidence seized by the defendant shall be confiscated.

Reasons

Criminal facts

[criminal history] On May 24, 2016, the Defendant was sentenced to one-year imprisonment for a crime of intrusion upon residence, etc. at Suwon Flag, and was sentenced to six months of imprisonment for a night building intrusion larceny at Suwon Flag on July 6, 2016, and completed the execution on October 5, 2017.

[2] On November 7, 2017, at around 12:54, the Defendant: (a) possessed an excessive one and a dricker, which is a dangerous object to steals, and went up to the third floor of the above building where the victim D (67 tax) resided, and infringed upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Notification to the department reporting 112 Incident, a report on seizure, and a list of seizure;

1. On-site photographs, ctv material photographs, compilation of seized objects, and photographs;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (the application of a repeated crime and confirmation of the same criminal record);

1. Articles 320 and 319 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Circumstances favorable to the defendant with reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows.

The defendant is divided into and reflected in the crime of this case.

The defendant seems to have committed the crime of this case while living together with economic difficulties.

The defendant was found to have invaded upon the victim's residence, and did not commit any subsequent crime.

Circumstances unfavorable to the defendant are as follows:

Defendant infringed upon the victim’s residence while carrying dangerous objects.

The defendant completed the execution of punishment as stated in the judgment of the court, and re-offendered at one month after the completion of the sentence.

The injured person was punished for the defendant.

The defendant has a record of criminal punishment as well as imprisonment with prison labor for the same crime.

In the above circumstances, the Defendant’s age, sex, career, and age.

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