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(영문) 부산지방법원서부지원 2020.09.04 2020고단575

특수주거침입등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 17, 2019, the Defendant heard from the Defendant’s wife on August 11, 2019, the white background that he was in in a badial relationship with B, and had the Defendant resisted to resist at the house B.

1. On August 18, 2019, around 22:50 on August 18, 2019, the Defendant sought a saw, which is an object dangerous to the house of the victim B located in Busan Seo-gu, Busan, and entered the victim’s house and entrance into the key, which was entrusted by the ordinary victim.

2. At the date, time, and place in paragraph 1, the Defendant assaulted the victim at the time, time, and place, “I can see our Maras, I saw saw with saws,” and saws, which are dangerous objects, four times the head of the victim.

3. On September 18, 2019, at around 09:30, the Defendant discovered the above victim’s house in front of the Defendant’s house located in Busan Shodong-gu, and used the victim’s pursuant to the following: (a) the victim was able to do so; and (b) the victim was able to do so in his/her hands; and (c) the victim’s pursuant to the following:

4. At around 19:00 on October 20, 2019, the Defendant reported the victim who returned home before the Defendant’s house located in Busan Shodong-gu, and assaulted the victim’s right chest on two occasions by drinking knife with the Defendant’s house.

5. On October 25, 2019, at around 09:30 on October 25, 2019, the Defendant assaulted the victim’s chest by drinking the victim’s kn's kn's kn's kn's kn's kn's kn's kn's chest

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement No. B to the Acts and subordinate statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 320 and 319 (1) of the Criminal Act (the point of special intrusion), Articles 261 and 260 (1) of the Criminal Act (the point of special assault), Article 260 (1) of the Criminal Act (the point of assault) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. The fact that suspended execution recognizes the Defendant’s crime under Article 62(1) of the Criminal Act and repents the mistakes, and there are some circumstances to consider the motive for the crime.