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(영문) 전주지방법원 2019.10.30 2018고단2619
주거침입
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On August 29, 2012, the Defendant was sentenced to imprisonment for three years and six months at the Jeonju District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Jeonju Prison on December 14, 2015.

【Criminal Facts】

On October 20, 2018, the Defendant: (a) around 17:10 on October 20, 2018, the Defendant divided the door locks of the building C, and removed the correction device, and intruded into the residence of the victim, with a view to stealing the property from the residence of the victim C of the building C, in order to steals the property.

Summary of Evidence

1. Each legal statement of witness E (D before the opening of name) and F;

1. Each police statement concerning D;

1. A detailed statement on handling 112 reported cases;

1. Photographs of the suspect;

1. A criminal investigation report (CCTV verification and on-site visit investigation), and a criminal investigation report (verification of the arrival ofCCTV video suspects);

1. Previous convictions in the judgment: Criminal history records, investigation report (refence of repeated power), personal confinement list [the defendant alleged that he did not enter the victim's house at the time of the instant case, however, as revealed by each evidence in the judgment, the victim viewed the face of a person who intruded the victim's house at the time of the instant accident, and accurately memorys the flicker's face (blick color, helone, etc.) at the time. After about 15 minutes from the time of entering the said house, approximately 15 minutes after the time of entering the said house, the Defendant's clothes screen, etc. marked at the CCTV located at the G GG bank located in the house corresponds to the impression stated by the victim. The victim visited the police officer and the defendant's house because 2 hours have not elapsed after the date of the instant accident. At the time of the instant accident, it was true that the victim visited the defendant and the defendant's house, even if he was found to be the one who intruded the defendant at the time, he was riceed (the CCTV installed in the CCTV.

In light of the fact that a person who intrudes on a victim's residence wears only half-strings, it is more likely to be a person who lives in the same building as the victim rather than an outside person. The defendant is the victim.

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