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(영문) 수원지방법원 2017.05.10 2016고단8183

주거침입등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 15, 2016, the Defendant, under the influence of alcohol around 03:50 on December 15, 2016, 2016, was found to be a multi-household housing entrance door in Suwon-si, Suwon-si, the entire wife of Defendant C (W, 46 years of age), and was able to see sound and brue for the reason that the Defendant did not open the doors to the victim, thereby impairing the peace of the dwelling of the said multi-household housing residents, the victims, and their families.

2. The Defendant violated the Punishment of Minor Offenses Act, while engaging in the above behavior at the above time, at the above location, held one knife for tools (23.5 cm in total length, 8.5 cm in length) and one knife for office work (20.5 cm in total length, 10.5 cm in length).

As a result, the defendant conceals two knife knifes that can be used to inflict serious harm on the life or body of people or to intrude on the house or other structure without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Application of Acts and subordinate statutes to field photographs and the details of the report of 112 case;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (the point of intrusion upon residence), Article 3 of the Punishment of Minor Offenses Act (the point of carrying a deadly weapon), and Article 3 of the Punishment of Minor Offenses Act (the point of carrying a deadly weapon), and the choice of fines, respectively,

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the fact that the defendant was subject to punishment for an violent crime; (b) the fact that another crime including the instant crime was committed even during the period of suspension of execution due to the obstruction of the performance of official duties; (c) the fact that the defendant recognized his mistake and against himself; and (d) the fact that the defendant