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(영문) 서울동부지방법원 2016.05.10 2016고단300
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 15, 2015, the Defendant infringed upon a house: (a) around 2:38, the “D” bank of the victim C’s operation on the B1st floor in Gwangjin-gu Seoul Special Metropolitan City, and (b) opened a gate and intrudes on the back of the room.

2. The Defendant damaged property by spreading the black frame on the CCTV of the victim C installed above the back of the room, at the time and place specified in paragraph (1) of the facts charged.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. Each investigation report (in addition to the front line prior to committing a crime and CCTV screen for the back of the place where the crime occurred, and comparison of goods held by a suspect and CCTV video images at the time of committing a crime);

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), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession and reflect of a crime, and the primary crime that has no record of committing a crime);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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