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(영문) 대구지방법원 안동지원 2013.10.17 2013고단441
주거침입등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On February 9, 2007, the Defendant was sentenced to a suspended sentence of three years for an attempted robbery, etc. at the Seoul Central District Court on one year and six months, and on June 27, 2008, the sentence of the suspended sentence was invalidated due to a final judgment on November 27, 2008, and the execution of the said sentence was completed on March 1, 201.

【Criminal Facts】

1. At around 01:40 on August 2, 2013, the Defendant entering a residence, where the victim D (the age of 56) was in front of the residence of the victim D (the age of 202 and 102) who was under the influence of alcohol, went through the air-conditioner, and did not correct the air-conditioner, without any obvious reason, and went through the air-conditioner, and went into the inner bank through the living room, and intrudes the said victim’s residence.

2. At the same time and place as mentioned in the above 1.1., the injured Defendant: (a) had been aware that two children had come to the body while the said victim was divingd in the bed; and (b) had been able to unfold the victim’s blue with the left blue so far; and (c) caused injury to the victim by acute fluoral fluorum, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution against D, and statement of the police against E;

1. Investigation report - Attachment of a written diagnosis of injury of victim D;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant Article 319(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the defendant was sentenced to the punishment for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the defendant committed robbery, rape, injury, etc., and was committed by intrusion upon another person's residence at night during the period of repeated crime. The nature of the crime is extremely high.

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