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(영문) 수원지방법원 성남지원 2019.05.07 2019고단5
주거침입미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Criminal facts

Some of the facts charged were corrected.

On December 11, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Suwon District Court Sung-nam Branch, and on April 8, 2016, the said court was sentenced to one year of imprisonment with prison labor for larceny, etc. on April 12, 2016 and the said judgment became final and conclusive on August 9, 2017. On January 11, 2018, the said court was sentenced to one year and two months of imprisonment with prison labor for larceny, etc. and completed the execution of the said sentence on October 2, 2018.

Criminal facts

[5] On December 28, 2018, the Defendant: (a) around 13:15, 2018, at the time of Gwangju-si Building D, the victim’s residence, divided the first race of the above loan in advance, examined the surroundings, and thought that the above loan does not exist; and (b) the Defendant escaped from the wind of the above loan, as it is, at the end, the victim, who was at the victim’s own child and locked in the above loan ward, discovered the shoulder or the Defendant from the locking and sound the wind, which was not corrected outside the above building.

Accordingly, the defendant attempted to intrude the victim's residence, but did not bring about such intention, but did not commit an attempted crime.

[2019 Highest 467] On December 18, 2018, the Defendant: (a) confirmed on December 13:25, 2018, the Defendant: (b) confirmed that the first race of the loan in front of the Sungnam-gu F lending G, which is the victim E’s residence, had no response by dividing it; (c) had invaded the victim’s residence through the small room windows installed outside the building, and attempted to shoot the victim’s object to be stolen from the outside of the building; and (d) had the victim, who was in the kitchen of the above loan, escaped with the window infringed on the wind, and did not have the intent to do so.

Accordingly, the defendant intrudes upon the residence of a person, and even though he had been sentenced to imprisonment more than three times due to larceny, he again committed the larceny crime during the period of repeated crime.

Summary of Evidence

[Attachment 5] 1.0

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