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(영문) 수원지방법원 2019.09.20 2019고단3547
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On November 2, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at Seoul Southern District Court on April 16, 2017, and completed the execution of the sentence at the Seoul Southern District Court on April 16, 2017. On July 12, 2019, the Defendant was sentenced to six months of imprisonment with prison labor and one year and six months of imprisonment with prison labor at the Suwon District Court on July 12, 2019, and is currently pending in the appellate trial.

【Criminal Facts】

1. The Defendant entering a residence is a person who is in a post-ship relationship with C, the husband of the victim’s de facto marriage. When both the victim and C are detained in a criminal case, the victim’s residence entered the victim’s residence and stolen the goods owned by the victim. On July 24, 2018, around 11:10 on July 24, 2018, the victim’s residence was put to a key repair shop in D E, which is the victim’s residence, and entered the above apartment and forced to open the entrance of the apartment.

Accordingly, the defendant invadedd the victim's residence.

2. From July 24, 2018 to August 15:32, 2018, the Defendant stolen the said apartment with the goods indicated in the list of crimes in attached Form, which were owned by the victim, from around 13:41 to August 15:32, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement concerning B and C;

1. Eth CCTV photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (pre-offender of repeated crimes and report on confirmation);

1. Relevant Article 319 (1) and Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. From among concurrent crimes, even though the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are previous and previous, the crime of this case is committed during the repeated crime period, the amount of damage is not significant, on the other hand, the defendant is led to confession, and all other sentencing circumstances are determined as ordered by the order.

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