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(영문) 청주지방법원 충주지원 2012.12.21 2012고단1077
주거침입
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 9, 2010, the Defendant was sentenced to imprisonment with prison labor for not less than eight months at the Cheongju District Court for the crime of intrusion on a structure, and the same year.

9. 24. The Cheongju prison completed the enforcement of the sentence.

1. On October 24, 2012, around 20:00, the Defendant entered the victim D’s house, which was in front of the victim D’s house in Chungcheong City, and infringed upon the victim’s residence.

2. On October 25, 2012, around 21:00, the Defendant entered the victim’s house in front of the victim’s house, and invaded upon the victim’s house by entering the house in the same manner as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Photographs;

1. Report on the occurrence of the case;

1. Previous records: Criminal records, attachment of written judgments, and application of Acts and subordinate statutes to the current status of personal water saving;

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 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include the criminal records that the criminal defendant has been punished several times due to a structure intrusion crime or a theft of residence, etc., and it is inevitable to sentence him/her for committing the crime of this case again during the period of such repeated crime after he/she was sentenced to a punishment for committing the crime of this case.

Provided, That the punishment shall be determined as per the disposition, in consideration of the fact that the defendant has mistakenly recognized and does not commit theft in addition to residential intrusion, etc.

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