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(영문) 창원지방법원 진주지원 2017.09.06 2017고단489
주거침입
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On June 14, 2017, around 14:00, the Defendant: (a) went into the residence of the victim D (n, 31 years of age) located in Jinju-si, Jin-si; (b) went into the house through an open gate; and (c) intruded the victim’s residence by examining the inside through the living room window.

2. Around 10:00 on June 17, 2017, the Defendant came to the house of the above victim, and entered the house through open gate, and then examined the inside of the house through the windows of the dwelling room in the apartment, and opened the entrance door which was not corrected, and intrudes upon the residence of the victim E, the husband of the said victim and the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to D or E;

1. Application of statutes on field photographs;

1. Article 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for the sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed by the crime of intrusion upon residence of June 17, 2017, in the opinion of the court below) of the Act on the Punishment of Sexual Crimes, Article 38(1)2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes committed by the crime of intrusion upon residence of June 17, 2017, in the judgment of the court below] is that the defendant was sentenced to six months of imprisonment with prison labor for night intrusion upon residence in the Changwon District Court on October 14, 1998, and on December 1, 200, the same court was sentenced to two years and six months of imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (a violation of the Act on the Punishment of Sexual Crimes, etc. of Victims thereof, larceny, and rape or rape more than ten years.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.

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