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(영문) 수원지방법원 안산지원 2017.02.03 2016고단4462

특수주거침입등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant had a relationship with the victim C (V, 40 years of age) and had an mind to have the victim find his residence after the victim had been in a relationship with the victim C.

1. On December 1, 2016, at around 11:40, the Defendant violated the victim’s residence by entering the entrance, via the entrance, the door was waiting to open from the front door of the entrance. Around December 1, 2016, the Defendant was waiting to open the entrance, and the victim’s wife opened the entrance and intrudes on the victim’s residence, which is a dangerous object purchased at the convenience store in the vicinity of the gate (22cm in total length, 10cm in length of the blade).

2. The Defendant who suffers special injury, at the same time and at the same place as those mentioned in the preceding paragraph, takes the Defendant’s arms by cutting off and pushing the Defendant’s arms at this house (the age of 24 years) and cutting off at the same time and place as those mentioned in said C and E (the age of 24 years) and takes the Defendant’s arms and cutting off, which are dangerous articles in the dice

In the process of knifeing the above knife and spreading the above knife, the victim's knife knife knife knife knife knife knife knife knife knife the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 320, Article 319 (1) of the Criminal Act (a special intrusion on residence) concerning the facts constituting an offense, Articles 258-2 (1) and 257 (1) of the Criminal Act (a special injury) of the same Act;

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 62 (1) of the Criminal Act on the suspended execution;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is not good in light of the method and content of the crime, the degree of injury, etc., and the defendant did not receive a letter from the victims. However, the defendant, as the first offender, was uncomponed for more than two months in depth, was divided into his/her mistake during the period of detention, and the future is absolute.