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(영문) 수원지방법원 여주지원 2018.12.11 2018고단1031

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who resides in C in the female city and resides in D in the female city.

1. Around September 5, 2018, the Defendant who intrudes upon his residence entered the victim’s residence, beyond a stone fence installed in the victim’s residence without the victim’s permission, to measure the boundary of the Defendant and the victim’s land at around 11:30.

Accordingly, the defendant invadedd the victim's residence.

2. A special assault: (a) around 15:00 on September 15, 2018, the Defendant: (b) committed an assault against the victim’s face by using a hack pipe (around 140cm in length, approximately 1.38km in weight) which is a dangerous thing that he/she had taken a survey on the ground that he/she extracted posts installed while making a survey as described in the foregoing 1.1.; and (c) by using a hack pipe, which is a dangerous thing that he/she had taken. The Defendant assaulted the victim’s face going beyond the floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. The application of CCTV video CD-related Acts and subordinate statutes;

1. Articles 319(1), 261, and 260(1) of the Criminal Act and the choice of imprisonment with labor for the crime concerned;

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. The Defendant asserts that Article 48(1)1 of the Confiscation Criminal Act provides that the part surveyed with his/her land should not be subject to residential intrusion, because he/she was forced to enter the boundary part located within the victim’s house for the purpose of surveying the boundary of the land owned by the Defendant inside the stone fence (the wall).

According to the records, the defendant, without the victim's permission, entered a garden located in the victim's house, along with the intellectual articles belonging to the female branch of the Korea Land and Information Corporation, and the defendant's person is inside the wall installed at the time.