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(영문) 울산지방법원 2017.12.14 2017고단3563
주거침입
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 12, 2017, at around 03:00, the Defendant discovered the victim C in front of the convenience store located in the Southern-gu Seoul Metropolitan City, Ulsan-si, and divided the Defendant’s talk by shouldering about three hours. On the same day, the victim was about to return home at around 05:30, and the victim was about 201 in front of the same Gu building where he was a female’s residence, and then entered the victim’s residence together. However, the victim refused to return it, and the victim went into the victim’s residence at around 201.

The Defendant, at around 05:50 on the same day, went through air conditioners installed on the first floor of the D building, and went up to the second floor through a bend door installed in the victim’s residence, and intruded into the residence of the female.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on internal investigation (E telephone listening reports);

1. Application of the Acts and subordinate statutes governing CCTV images;

1. The Defendant, on the grounds of sentencing sentencing of imprisonment with prison labor, explicitly refused to enter the victim’s sexual intercourse or residence with himself/herself, he/she invadedd the victim’s residence throughbera, even though he/she did not explicitly refuse to enter the victim’s sexual intercourse or residence.

In light of the motive and circumstance of such intrusion, if the intrusion was not immediately discovered by the person living together with the victim, the risk of leading to a serious sexual crime seems to be high, thereby infringing the peace and peace of the victim's daily living space considerably, and even if the victim did not receive a letter, the corresponding punishment is inevitable.

However, in consideration of the fact that a crime is against the law, the fact that an intrusion was immediately discovered and the damage was not realized, and the fact that there was no record of sexual crime before the case, the punishment shall be determined as per the order.

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