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(영문) 의정부지방법원 고양지원 2018.02.09 2017고단3795

특수주거침입등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who resides in the Dongsan-gu Officetel Ctel in Manyang-si, and is a neighbor who resides in the same floor as the victim D and E.

On November 25, 2017, at around 00:45, the Defendant: (a) claimed that the victims of the “Ctel” located in the above “Ctel,” located in the front door of 800, which is a noise issue in the past; and (b) claimed a food blade (the total length: 30cm, the blade length: 20cm) that is dangerous for support, and divided the front race.

The Defendant, as the victim D, fluentd the threat, added the above knife with the gap in which the knife was opened, added the knife to the knife and sealed the victims, and left the knife with the knife.e., “I will die and die.”

Accordingly, the defendant carried dangerous articles and found the victims' residence and threatened the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police of each victims;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions of the Criminal Act and Articles 284(1), 283, 320, and 319(1) of the Criminal Act concerning the selection of criminal facts (or choice of imprisonment);

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 stay of execution (the following grounds shall be considered in consideration of the amount of punishment):

1. Unfavorable circumstances for sentencing under Article 48(1) of the Confiscation Criminal Act: Punishment is determined as ordered by taking into account the following factors: the defendant's age, sexual conduct, family relationship, family environment, motive and means of a crime, circumstances after a crime, etc.: the defendant's age, sexual conduct, family environment, motive and means of a crime, etc.; and the victim's attitude to threaten victims is not good; and the victim's attitude to commit a crime is favorable to the victim's directors; and the victim has agreed to do so.