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(영문) 서울남부지방법원 2020.06.24 2020고단1463
주거침입
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2018, the Defendant had viewed the Internet broadcasting of the victim B (n, 25 years of age) and had caused attention to the victim. On October 2019, the Defendant reported the park and the building appearing in the background of the road where the victim is running the Internet broadcasting, and found the above neons several times, and found the building presumed to be the residence of the victim, which appeared in the broadcast around November 2019.

Since then, the Defendant had been going to the front of the victim's residence, on January 12, 2020, at around 17:30, the Defendant observed that the victim was entering the victim's residence in the vicinity of the victim's residence in Geumcheon-gu Seoul, Geumcheon-gu, Seoul and the fourth floor with male, and opened a gate on the first floor of the building and opened the rooftop door up to 4th floor through the interior stairs of the building, and opened the rooftop door up to 2:40 minutes from that time until around 20:15 on the same day, and was living inside the victim's residence, and brought the house through the kitchen window located on the rooftop rail side, but did not take part in the victim's residence, and then checked the victim's cell phone with the victim's cell phone, and examined the mobile phone screen inside the victim's residence through the cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (execution of a warrant for search and inspection (2020-86) and confirmation of CCTV images of a suspect's residence) and a report on investigation (as a result of digital evidence analysis of a suspect's cell phone, cell phone, core chip, etc

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 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;

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