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(영문) 청주지방법원 제천지원 2017.05.11 2017고단33
주거침입
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 18, 2017, the Defendant: (a) around 15:55, the victim D and E were in front of the residence of the victim D and E incheon-si C; (b) opened a safe window that was not locked for the purpose of theft of property; and (c) invaded upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of field photographs and related Acts and subordinate statutes;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the following conditions of sentencing for the reason of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and other conditions of sentencing as shown in the records, such as Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered

The fact that intrusion upon another person's residence for the purpose of larceny, larceny, intrusion upon residence on around 2005, fines of 2,00,000 won, penalties of 2,00,00 won, penalties of 1 year imprisonment for larceny, and intrusion upon residence on around 207, 2007, 2 years of probation, protection, observation, community service, community service80 hours, 2 years of imprisonment for the purpose of larceny, larceny, attempted larceny, and intrusion upon residence, 2 years of probation, protection and observation, community service, and 135 hours of imprisonment for the purpose of larceny, and that the victim does not want the punishment of the defendant by mutual agreement with the victim.

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