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(영문) 울산지방법원 2014.11.04 2014고정1187
주거침입
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On October 25, 2013, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Ulsan District Court, and the said judgment became final and conclusive on October 28, 2013.

At around 10:00 on June 7, 2013, the Defendant entered the house with the victim D, E, etc. located in Ulsan-gu C with the first floor and opened the kitchen and opened the house, and intrudes into the residence of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Previous records: Application of investigation reports (Attachment to judgments concurrent crimes under the latter part of Article 37 of the Criminal Act) (limited to concurrent crimes);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the principle of equity in cases where a judgment is rendered simultaneously with the crime of larceny against which a judgment becomes final and conclusive);

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