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(영문) 서울서부지방법원 2017.10.26 2017노1045
주거침입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one year and two months of imprisonment) by the lower court is too unreasonable.

B. Although the crime of intrusion upon a house was established separately from the crime of larceny of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the instant case, the lower court erred by misapprehending the legal doctrine, which acquitted the Defendant of the charges of intrusion on a house by deeming that each of the above crimes does not constitute a separate crime of intrusion on a house in the legal competition relationship

2. Determination of the Prosecutor’s misunderstanding of the legal principles

A. The instant facts charged [criminal record] The Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on August 18, 201, and was sentenced to one year of imprisonment with prison labor for larceny at the Seoul Central District Court on July 25, 2013, and on July 1, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for habitual larceny at the Seoul Western District Court on July 1, 2015 and completed the execution of the sentence at the Seoul Western District Court on February 5, 2016.

[Criminal facts] On April 1, 2017, the Defendant was contacted by the victim C, who was located around April 1, 2017, to move a vehicle in front of the house and parked in the region by telephone conversations.

The four keys of the vehicle and the vehicle are moved by the victim's vehicle's vehicle's vehicle's vehicle's key are called "to move the vehicle's vehicle's key." Upon the victim's house located in Eunpyeong-gu Seoul Metropolitan Government, the victim entered the front door password, and entered the victim's house and parked the vehicle's key into the victim's house and moved the victim's vehicle.

As above, Defendant 1, who known of the victim’s identification of the victim’s identification number, has intruded into the victim’s house while the victim remains in the region, and has taken the victim’s property stolen.

(1) On April 3, 2017, the Defendant infringed upon a residence, entering the victim’s house password before the victim’s house, and entering the front of the victim’s house, thereby infringing on the victim’s residence.

(ii).

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