(영문) 수원지방법원 2020.04.28 2019고단6693

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(영문) 수원지방법원 2020.04.28 2019고단6693

주거침입

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 18, 2019, at around 22:45, the Defendant invaded upon the victim’s residence, such as going to the victim’s house C, which is located in Osan City B, and going to the back stairs of the said victim’s house, and bringing in the inside through the victim’s bathing room’s window.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Application of statutes on site photographs;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant did not intrude the victim's residence in order to bring in the victim's house room inside. However, considering the fact that the victim took a shower in the bath room at the time, the witness's statement that the defendant was viewed as a bath room attached to the wall, and that there was a history that the defendant invadeds another person's residence and stolen women's residence and was punished for committing the principal offense, it seems clear that the defendant invadeds the victim's residence in order to steals the victim's shower through his window.

In addition, the defendant was punished twice for the same kind of crime, and also committed the crime of this case during the repeated crime period.

However, it is against the defendant's wrong, and the place of the crime in this case is a stairs attached to the building, and therefore constitutes the summary of the crime, which is the object of the crime of intrusion, but the surrounding meritorious services and residence were not divided into wall, etc. The defendant passed through the entrance door or opened the window in the course of the crime. The victim expressed his intention not to be punished by the defendant in consultation with the victim, and other sentencing conditions specified in the argument in this case, such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., shall be punished by a fine only once, taking into account all of the sentencing conditions specified in the argument

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