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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
【Criminal Power】 On May 24, 2017, the Defendant was sentenced to two years and six months of imprisonment with prison labor for night, intrusion upon residence, larceny, etc. at red support of the Daejeon District Court, and was provisionally released on November 30, 2018 during the execution of the sentence, and was subject to amnesty on February 29, 2019.
On May 28, 2020, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the District Court of the Republic of Korea on May 28, 202, and the said judgment became final and conclusive on June 5, 2020.
【Criminal Facts of Crimes】 On June 3, 2019, around 12:00, the Defendant: (a) opened the shock network of the toilet window and transferred the string of the mast to the window of the toilet; (b) moved the string of the mast to the window of the toilet; and (c) escaped inside the house.
Accordingly, the defendant invadedd the victim's residence.
Summary of Evidence
1. Previous records in the police's protocol of interrogation of the defendant's partial statement C concerning the defendant's statement in the court statement of the police's written statement, on-site identification report, investigation report (on-site photographs, etc.): Criminal history records, personal confinement status, results of integrated search of the case, and copy of each judgment [Judgment as to whether the crime of intrusion upon residence is established] of each crime of intrusion upon residence includes not only the house itself but also the above summary, such as the fixed number;
(see Supreme Court Decision 201Do8349, Oct. 13, 2011). According to the evidence duly adopted and examined by this court, the Defendant was found to have opened a toilet screen after entering the victim’s house, as stated in the facts charged, and moved the boom to the toilet window after moving the boom and moving the boom door to the toilet window, and escaped from the victim’s human body. This is contrary to the victim’s intent, and thus, the victim’s dwelling peace was de facto broken down. Thus, the crime of intrusion upon residence is established.
Application of Statutes
1. Relevant Articles of the Act concerning the facts constituting the crime;