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Reasons
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(영문) 울산지방법원 2013.08.29 2013고단2494
주거침입
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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 23, 2013, at around 22:35, the Defendant discovered the victim's house near the △△△ of the E building, the residence of the victim D (34 years of age) located in Ulsan-gu C, Ulsan-gu, 2013, and attempted to find female-friendly job placement F (31 years of age) and to rape the F.

Considering that F was mixed with the above E building, the Defendant: F entered the above E building from the entrance of the above E building to take a password, and accordingly F entered the said building; and F again, F, according to F, had a password of the victim who was in the foregoing E building △△△, had the victim’s house f and had the victim’s house f, and had the victim’s house f, had the victim’s house f and infringed upon the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to D and F;

1. Article 319 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act (in light of the risk of the instant crime, the Defendant’s previous conviction, etc., it is reasonable to impose a community service for a certain period of time to return to a sound member of society) The Defendant committed the instant crime even though he had a criminal record of attempted robbery. The Defendant committed the instant crime under consideration of the circumstances, such as the risk of the instant crime, etc. disadvantageous circumstances, such as the Defendant’s agreement with the victim, the fact that there was no substantial damage to the victim, and other favorable circumstances, such as the Defendant’s age, family environment, the background of the instant crime

It is so decided as per Disposition for the above reasons.

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