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(영문) 서울동부지방법원 2013.07.04 2013고단772
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 April 5, 2013, from around 16:00 to 20:25 of the same day, Defendant E was found at the 1st underground victim D (n, 54 years of age) in Gwangjin-gu Seoul Special Metropolitan City, and Defendant E was found. On the other hand, the victim of the biological site entered the cres in which the victim was in another room in his house without the consent of other victims, and intrudes on the victim’s residence through the open entrance without the consent of other victims.

Summary of Evidence

1. Each legal statement of witness D, F and G;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of D;

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;

1. Determination on the Defendant’s assertion under Article 62-2(1) of the Criminal Act regarding probation and community service order

1. The Defendant asserts that, at the time of the instant case, the Defendant did frequently gambling in the victim’s house at the time of the instant case, and the Defendant’s act of gambling in the victim’s house and caused E to recover from the victim’s house by gambling, and entered the victim’s house through the entrance door opened by other residents in the victim’s house. Thus, the Defendant did not intrude into the victim’s house.

2. Comprehensively taking account of each of the above facts charged, ① the defendant entered the victim’s house in the door opened by the victim’s house at the time and time as stated in the facts charged of this case; ② the defendant was sleeped in the victim’s house located in the victim’s house; ② the defendant was locked in the victim’s room; ③ the victim was sleeped in the victim’s son Furf’s sleep because she returned home to the defendant; ④ the defendant did not obtain the consent that she can live in the victim’s house and room, or from a person who resides in the victim’s house or house before sleeping in the victim’s room; ⑤ the victim demanded the removal of the victim, but the defendant refused to comply with the request to the police

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