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(영문) 서울중앙지방법원 2020.06.04 2020고단2006

특수주거침입등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 13:10 on December 20, 2019, the Defendant: (a) placed a kitchen, which is a dangerous weapon, in a kitchen, at around 19cm on the ground that he/she would find a female-friendly room in China; and (b) went up to the front of the second floor through an open gate to the residence of the victim B (the age of 29) located in Dongjak-gu Seoul Metropolitan Government (the age of 29).

2. The special intimidation Defendant, like the above paragraph 1, sent a door door to the second floor of the victim’s residence, thereby finding a woman in the future. Even though the victim respondeded that there was no person, the victim who was in his/her residence, he/she saw that he/she would be killed, and threatened the victim, such as having a wall attached to the kitchen knife in the above kitchen gate.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Seizure records;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements on the victim B telephone call);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 320, 319 (1) of the Criminal Act (the occupation of entering a residence with dangerous articles), and 284 and 283 (1) of the Criminal Act (the occupation of threatening carrying dangerous articles and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act, where a person is found, shall carry a kitchen knife, which is a deadly weapon, and intrudes into the victim’s residence, and thus the motive, background, and circumstances of the crime are not good.

Furthermore, there is a history that the suspension of indictment was imposed on the crime, such as breaking a knife against many unspecified persons in a park, and such a crime was committed in a park.

However, considering the fact that there is room to regard it as a contingent crime in the state of exploitation and the fact that there is no direct harm to the body of the victim, the age, character, character, environment, etc. of the defendant.