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(영문) 대구지방법원 2018.11.29 2018고단3672
주거침입
Text

A defendant shall be punished by imprisonment for six 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. On May 28, 2018, the Defendant was in front of the building “Seoul Northern-gu D Original Studio”, around 23:27, in order to cut off the victim E residing in No. 104 of the said original studio and intruded into the victim’s residence, in order to cut off the victim E and cut off the studio 104.

2. On June 19, 2018, at around 20:20, the Defendant got in front of the F Studio building in Daegu Northern-gu, Daegu-gu., the Defendant went through a fence installed by the iron company to cut off the victim G residing in subparagraph 102 and intruded on the victim’s residence.

3. On June 20, 2018, the Defendant came to front of the H Studio building in Daegu Northern-gu, Daegu-gu, on June 20, 2018. In order to steals the I residing in subparagraph 103 of the said Studio, the Defendant entered the building back to the lower part of the building through a narrow channel adjacent to the wall of the building and intruded on the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J, E, and G;

1. Reporting the occurrence of a crime resulting from intrusion on residence, reporting on internal investigation (Attachment to field CCTV photographs), reporting on investigation (H CCTV investigations), reporting on investigation (Attachment to on-site photographs), and applying Acts and subordinate statutes to reporting on investigation (Attachment to F CCTV photographs);

1. Article 319 (1) of the Criminal Act and the choice of punishment for the crime, Articles 319 (1) of the Criminal Act and the choice of imprisonment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant mainly commits the crime by the young female with the view to the motive and circumstance of the crime, such as committing the crime by scambling the mack window that mainly the young female scams through the macker window, and committing the crime. The defendant has already been punished for the same offenses on two occasions, but at the same time the defendant prevents him from committing the crime of this case. The circumstances favorable to the defendant who was unable to receive suspicion from the victims are both recognized and contradictory to all the criminal acts. The defendant does not go beyond stealing the victims’ theft, and does not go against obscene acts, etc.

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