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(영문) 광주지방법원 2013.08.14 2013고단1412
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 16, 2010, the Defendant was sentenced to a suspended sentence of eight months for committing a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Gwangju High Court on December 16, 201, and was sentenced to four months at the Gwangju District Court on April 27, 2012 by committing a violation of the Act on the Electronic Monitoring, etc. of Specific Offenders, and the said suspended sentence becomes null and void, and the execution of the said sentence on October 20, 2012 was completed.

1. On March 28, 2013, around 17:20 on March 28, 2013, the Defendant, entering a residence, was a “Ecafeteria” operated by the victim D in Gwangju Northern-gu, and the victim entered the inner room located in the said restaurant, thereby infringing on the victim’s residence.

2. On March 28, 2013, at around 17:35, the Defendant damaged public goods, who was arrested in the act of intrusion upon residence as stated in paragraph (1), and was arrested in the act of committing an act of committing an act of intrusion upon residence as indicated in paragraph (1), and was equipped with a G police box located in the lower seat of the patrol vehicle at 472, 112 patrols, and located in the North-gu, Gwangju, Gwangju, with a view to generating a glass door on the back seat at several times, thereby leaving a light board attached to a glass door on the back seat of the lower seat, and damaged the said vehicle, which is an object used by public offices, to cover approximately KRW 562,404, the repair cost.

Summary of Evidence

1. Legal statement of the witness H;

1. Statement of the police officer to I;

1. Written statements of D;

1. Investigation report (including accompanying process, etc. of arresting a suspect), investigation report (a written estimate of repair expenses);

1. Previous convictions in judgment: Report on investigation (verification of the date of release of a suspect), application of Acts and subordinate statutes concerning personal identification and confinement;

1. Article 319 (1) of the Criminal Act applicable to the facts constituting an offense (the point of intrusion upon residence, the choice of imprisonment), Article 141 (1) of the Criminal Act (the point of damage to public goods and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Determination as to the assertion of the defendant and his defense counsel among concurrent crimes as to the crimes under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of adding up the period of two crimes prescribed in the crime of damaging Articles with heavy punishment)

1. As to the crime of intrusion upon residence

A. The Defendant.

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