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(영문) 서울중앙지방법원 2015.12.16 2015고단6793

건조물침입등

Text

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

Reasons

Punishment of the crime

On October 2, 2008, the Defendant sentenced the Seoul Central District Court to five years of imprisonment for the crime of bodily injury resulting from the continued injury, and completed the execution of the sentence on June 28, 2013 at the port prison.

On October 22, 2015, at around 05:07, the Defendant, while drinking alcohol at the main points in the operation of the Victim D (L, 56 years of age) located in Gwanak-gu in Seoul Special Metropolitan City, demanded the victim to engage in sexual intercourse, but was rejected, and was put at the main points at the victim’s request, he was asked to take retaliation.

1. At around 05:20 on the same day, the Defendant: (a) opened a entrance, which had been supported by irrasheds, in two hands before the said main points; (b) entered the entrance, without permission, into the main points; and (c) invaded on the structures managed by the victim.

2. In light of the time and time set forth in Paragraph 1, the Defendant: (a) 20 times the victim’s face, breast, ship, arms, and arms were taken by drinking 20 times, resulting in the victim’s loss of her hair and her hair that require approximately four weeks of treatment; and (b) the victim’s loss of her hair and her hair that were missing.

3. While the Defendant was at the time and place set forth in Paragraph 2, as seen above, the Defendant stolen the victim’s property by making the victim temporarily stop his flab by cutting fat, and escapeing. The Defendant stolen the victim’s property by holding the victim’s property at the market price at a flab with a flab, cash 50,000 won, one resident registration certificate, one deposit passbook, two credit card holders, three credit card holders, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the results of field identification;

1. A written diagnosis of injury;

1. A written appraisal;

1. On-site photographs, photographs of the injured part of the victim, CCTV images, damaged objects photographs, and damaged photographs;

1. Investigation report (related to damaged goods and hearing statements from a victim);

1. Previouss before judgment: Criminal records, etc. and the period of repeated investigation reports;