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(영문) 대구지방법원 의성지원 2017.04.27 2016고단254

특수주거침입등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Reasons

Punishment of the crime

The defendant is a person who has approved the recognition of EM belonging to D religious organizations.

1. Since the victim C’s housing and warehouse residing in the Gyeong-gun, Gyeong-gun, North Korea, which is adjacent to the E company, have invaded about about 48 square meters on the land of D religious organization G, the Defendant, who invadedd the boundary, was at the time of demanding the victim to remove above ground water within the above land, with the intent of attacking the boundary of the victim who did not respond to the demand.

On August 1, 2016, the Defendant: (a) followed the victim’s house located in Gyeong-gun F in Gyeong-gun, Chungcheongnam-do; (b) installed at the left-hand side of the victim on August 1, 2016; and (c) installed at the boundary line of about 15 meters high and about 2 meters high and above the length of about 835 cm; and (d) on September 5, 2016, the Defendant, after the right-hand side of the same place on September 5, 2016, caused the Defendant to be unable to recognize the boundary by breaking the boundary of about 7 meters high and about 1m high.

2. Damage to special goods and intrusion to special residence;

A. On August 1, 2016, the Defendant: (a) carried a saw, which is a dangerous object, at the places specified in paragraph (1) on August 1, 2016; and (b) invaded upon the victim’s residence.

B. On September 5, 2016, the Defendant: (a) carried one refaculation machine, which is a dangerous object, at the places specified in paragraph (1) of the A.M.; (b) intruded the victim’s residence; and (c) destroyed the victim’s house by using the faculator at the same place with only one warehouse of 4.5 square meters (15 square meters) on the market

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the attachment of documents submitted by victims related to the destruction of property on or around July 2016, concerning the attachment of CCTV data and photographs submitted by victims, concerning attachment of photographs at the time of the sale and purchase of housing, and attachment of photographs at the site);

1. Article 369(1) of the Criminal Act applicable to the crime, Article 369(1) of the Criminal Act, Article 366 of the Criminal Act, Article 320 of the Criminal Act, Article 319(1) of the Criminal Act, Article 370 of the Criminal Act, and Article 370 of the Criminal Act, respectively.