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(영문) 대구지방법원 경주지원 2020.02.05 2019고단544

야간주거침입절도미수등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On March 11, 2016, the Defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (joint assault) at the Ulsan District Court on March 11, 2016, and completed the execution of the sentence at the Jinju prison on September 17, 2018.

1. On September 16, 2019, at around 14:50 on September 16, 2019, the Defendant: (a) reported the victim D(65 years of age) at “Ccafeteria”; (b) reported the victim D(65 years of age) to the victim without any special reason; and (c) knick, which is a dangerous thing in the above restaurant, (46cm in total length, 13.5cm in length, 13.5cm in length, 8cm in length, and 8cm in length), carried the knick, and acted as if the knicked the victim twice.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. At around 19:00 on August 26, 2019, the Defendant discovered a four-wheeled ATV dynasium on the part of the F, located in E, on August 26, 2019, the Defendant: (a) opened a business trip to the victim who was installed and opened the victim G; and (b) opened the business trip to the business trip operator, saying, “I have laid down the key, but has lost the key.” (c) 30,000 won of the repair cost; and (d) newly produced the key of 4-wheeled ATV dynas.

On the other hand, the Defendant continued to use the key newly produced by the Defendant, thereby cutting off 4-wheeled ATV ATV with the above 2 million market value, which is equivalent to the victim’s ownership.

3. Injury;

가. 2019. 8. 27.자 범행 피고인은 2019. 8. 27. 19:30경 경주시 H에 있는 피해자 I(여, 69세)의 집에 찾아가, 집안 산소에 호박 넝쿨이 넘어와 있다는 이유로 피해자에게 “화냥년, 더러운 년, 씨발년, 너거 부모 묘에 가서 밭 해쳐 먹어라.”라고 욕설을 하고, 계속하여 집 앞 골목에서 피해자가 이를 따진다는 이유로 손으로 피해자의 목을 잡아 밀어 넘어뜨려 피해자에게 약 2주간의 치료가 필요한 우수부의 좌상 및 염좌등의 상해를 가하였다.

In this respect, the defendant injured the victim when he got the victim.

B. The crime of August 29, 2019.