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(영문) 서울북부지방법원 2021.03.22 2020고단4216
주거침입
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 9, 2016, the Defendant was sentenced to imprisonment with prison labor for robbery and three years and six months at the Seoul Northern District Court, and on May 30, 2019, the Defendant was released from the Seoul Southern Prison on parole on the execution of the above sentence and on February 6, 2020.

On May 30, 2020, around 02:02, the Defendant discovered a victim who returned home in and around the house of the victim C (n, 23 years of age) located in Gangnam-gu Seoul Metropolitan Government, and followed the victim.

At around 02:06 on the same day, the Defendant was aware that the Defendant was following the Defendant, and the said parking lot was passed, and the Defendant was able to protect the victim around the same day. On the same day, the Defendant opened a joint entrance using the key jointly used by the resident who was on a house mail around 02:14, and opened the joint entrance by using the key in the same way as the victim, and immediately entered the said house in the front of the victim’s house, and opened the joint entrance using the key in the same way as the victim’s house, and entered the number into the digital box before the victim’s house, but the door was not opened because the password was inconsistent.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the investigation of police statements made to C and D (the video screen-2 of CCTV images around the scene of occurrence);

1. E CCTV video recording containing a suspected crime;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to each investigation report (Attachment to judgment of repeated crime and confirmation of period of repeated crime of suspects);

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 Defendant, with the reason for sentencing Article 35 of the Aggravation of Aggravation of Cumulative Offense Act, committed the instant crime again at least 3 months from the time when the parole period due to the criminal act stated in the previous conviction in the judgment has expired, and the instant crime was committed by the following women who were married home at night.

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