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(영문) 수원지방법원 평택지원 2020.02.06 2020고단74
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 6, 2019, at around 12:00 on November 6, 2019, the Defendant: (a) opened a second floor window using the back stairs of the building wherein the victim resides in Pyeongtaek-si B; and (b) invaded upon the victim’s residence; (c) one and two copies of cash with 14K mp in the market value of the victim’s ownership at the small location; (d) one and 50,000 won in the market value of the victim’s ownership at the inside; and (e) one and 14K mp in the market value of the victim’s ownership at the inner location; (e) two mps, two wps, and six gs, respectively.

2. On December 9, 2019, around 14:45 on December 9, 2019, the Defendant: (a) came into the housing of the victim E located in Pyeongtaek-si; (b) confirmed that there was no person in the said housing; (c) confirmed that there was no person in the said housing; (d) removed the outside window of the toilet after going beyond the fence of the housing; and (e) infringed upon the victim’s residence and the victim’s entry and exit.

On the other hand, the defendant continued to hold approximately 5 million U.S. dollars and U.S. dollars equivalent to 14 million U.S. dollars which are contained in each one and one of the safes of Korea.

Accordingly, the defendant invadedd the residence of the victims on two occasions, and stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of C and E;

1. Article 319 (1) or 329 of the Criminal Act applicable to the crimes and Articles 319 (1) or 329 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The fact that a person has been punished several times for the same kind of crime for sentencing in Article 62-2 of the Probation Criminal Act, but repeats the crime again in light of the method of the crime, and the fact that the crime is bad and the amount of damage is not much much.

However, there is another penalty power in addition to the previous punishment of one fine within the last ten years.

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