beta
(영문) 광주지방법원 해남지원 2019.11.21 2019고단389

특수주거침입등

Text

A defendant shall be punished by imprisonment for one year.

A knife knife knife knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

1. Around 12:00 on September 27, 2019, the Defendant was under the influence of alcohol at the house of the victim C (n, 76 years of age) located in Ynam-gun B, with the knife of a dangerous object (the knife 21cm, 10cm in the knife length, 10cm in the knife, and 10cm with the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif).

2. Intimidation;

A. At around 14:00 on October 3, 2019, the Defendant: (a) threatened the victim C (Woodo, 76 years old); (b) under the influence of alcohol, the Defendant told the victim that “the victim is a deadly dead person for a Chewing period”; and (c) threatened the victim without any reason.”

B. At around 15:00 on October 3, 2019, the Defendant threatened the victim with the victim C’s house located in Hadodonam-gun B, saying, under the influence of alcohol, that “a singingly,” the victim’s house “a singingly,” without any reason.

3. A special intimidation: (a) around October 4, 2019, at the house of the Victim C (A, 76 years of age) located in Hadodonam-gun, Nando-gun on the ground that the victim reported the above facts to the police, and (b) caused the victim to gather stones (a dangerous article (a approximately 23 cm) that was located in the vicinity of the police, and “I am flag, I am flag, I am flag, I am.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Two copies of statement of handling cases of report 112 and two copies of service day of the police box; and

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 320, 319(1) of the Criminal Act regarding the choice of punishment (a special intrusion), Articles 284, 283(1) of the Criminal Act, Articles 261, 260(1) of the Criminal Act (a special assault and choice of imprisonment), and Article 283(1) of the Criminal Act concerning the selection of punishment