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(영문) 청주지방법원 2018.07.26 2018고단886
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

One total number of seized knife (No. 1), two keys (No. 2), and two keys (No. 2).

Reasons

Punishment of the crime

[criminal records] On September 21, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on April 11, 2018, and completed the execution of sentence in the said prison.

[Criminal facts]

1. On April 29, 2018, the Defendant violated his/her residence: (a) opened a locked door at Cheongju-si, Seo-gu, Cheongju-si, and went into the house and intrudes on the residence of the victim, which was owned by the victim D (the victim D).

2. On April 29, 2018, the Defendant attempted to enter the instant E building 105, where the Victim F Doctrine was living around April 29, 2018, and tried to open the entrance door and enter the house and intrude into the victim’s residence. However, the Defendant did not open the entrance.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police with regard to F;

1. A criminal investigation report (on-site conditions);

1. A description of the photograph;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 322 and 319(1) (the point of attempted intrusion upon residence) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 48(1)1 of the Confiscation Criminal Act / [The defendant and his/her defense counsel] Article 48(1)1 of the same Act refers only to that the defendant did not commit any crime as stated in the facts charged, and only a foreigner who lives in building No. 102 and enters the defendant's office and enters the defendant's office.

The grounds for appeal are as follows.

However, according to the evidence duly adopted and examined by this court, the fact that the defendant invadedd or attempted to intrude into the E Building 102 without the consent of the victims at each time of the crime can be acknowledged as being discovered to the residents adjacent to the E Building 105 without the consent of the victims.

Therefore, the defendant and his defense counsel's assertion cannot be accepted.

The reasons for sentencing are as follows, and the age, occupation, and sex of the defendant is committed.

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