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(영문) 서울서부지방법원 2020.02.05 2019고단4215
주거침입
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 18, 2019, around 01:15, the Defendant got in front of the residence of the victim D(38 years of age) who was located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Area B Do floor C, and infringed upon the victim's residence by entering the front of the victim's toilet window through the joint entrance open to think of theft of the inside through the toilet window.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on internal investigation (the internal CCTV-proof after committing the crime of a suspected victim);

1. Application of investigation reports (investigation into the victim's dwelling capitals, toilets, windows, etc.)-related statutes;

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, probation and community service order, the sentencing conditions specified in the trial process of this case, such as the age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as ordered in full view of all the following circumstances.

Unfavorable circumstances: Crimes committed during the period of probation, and circumstances favorable to the victim who did not reach an agreement with the victim: The attitude of reflecting the crime was observed, and there was no criminal record exceeding the period of probation.

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