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(영문) 의정부지방법원 2020.04.08 2019고단5805
주거침입
Text

A defendant shall be punished by imprisonment for six 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 October 19, 2019, at around 00:34, the Defendant left the subway line 1, which is located in the subway line 174 (Guro-Dongdong), the subway line in Guro-gu Seoul, Guro-gu, Seoul, 174 (Guro-Dongdong) with a view to gathering the victim B (the age of 27) from the beginning side according to the victim. The Defendant moved a approximately 2 km distance from the road platform to the Guro-gu Seoul, which is the victim’s residence, from the road platform to the Doro-gu Seoul. After moving the victim’s back, the victim opened the said residential entrance and entered the rooftop through the stairs, and immediately thereafter, the Defendant opened the gate and opened the gate that did not correct any gap in the door, and infringed on the victim’s residence.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. B written statements;

1. Application of Acts and subordinate statutes governing the handling of reports on investigation (Attachment of photographs of the victim's residence), investigation reports (a CCTV image analysis), CCTV-caping photographs, investigation reports (including verification of the number of personal intent-based credit card cards, accompanying documents), investigation reports (including accompanying documents), investigation reports (a statement of 112 reported cases), and reports on 112 reported cases;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal conditions favorable to the defendant among the reasons for the suspension of execution);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order was committed during the night hours, even if the victim satisfyed due to the victim’s behind his residence, and when considering the fear that the victim satisfyd, etc. at the time, the crime of this case was committed, and the nature of the crime was not less than that of the victim, and the fact that the victim was not satisfed by the victim,

In addition, the defendant's age, character and behavior, family environment, motive for crime, etc. are considered as favorable circumstances, such as the fact that he/she has recognized his/her mistake and reflects his/her criminal punishment exceeding the fine.

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