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(영문) 의정부지방법원 2020.10.21 2020고단3130
주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On December 24, 2015, the Defendant was sentenced to a suspended sentence of three years for the crime of quasi-rape at Seoul High Court on one year and six months, and on September 23, 2016, the Seoul Northern District Court sentenced the Defendant to one year of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Seoul Northern District Court on September 23, 2016, and the judgment became final and conclusive on February 1, 2017. On November 10, 2016, the Defendant was sentenced to four months of imprisonment for a public performance and obscene crime and the said judgment became final and conclusive on May 5, 2017, and the sentence of the said suspended sentence became void and the execution of the said sentence was terminated at the Gan prison on April 13, 2019.

【Criminal Facts】

1. On April 20, 2020, the Defendant, on April 20, 202, opened a △△△△△△△△△ Party’s residence of the victim C in Gui-si, Gui-si, on April 20, 2020, and went into the ward and invaded the victim’s residence.

2. On May 22, 2020, the Defendant attempted to open and intrude the entrance, i.e., the entrance, and windows, which were corrected at the place indicated in paragraph (1), around 05:30 on May 22, 2020, in his/her hands, but was discovered by the victim and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the police interrogation protocol C against the defendant;

1. C’s statement;

1. On-site photographs, 112 report processing lists, internal investigation reports (the statement, etc. of the victim), internal investigation reports (Attachment to the details of the first crime committed time during the crime committed, and the text of the Kakakao Kakao Kakao Stockholm messages submitted by the victim), conversations between the victim and previous records indicated in the text of the victim: Application of Acts and subordinate statutes to criminal records, investigation reports (A), and current status of personal confinement;

1. Article 319 (1) of the Criminal Act (the points of intrusion upon residence), Articles 322 and 319 (1) of the Criminal Act (the points of attempted intrusion upon residence) concerning criminal facts, Article 35 of the Criminal Act among repeated offenders who choose to punish imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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