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(영문) 전주지방법원 2017.03.24 2016고정944

주거침입미수등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 20, 2016, the Defendant: (a) committed assault on several occasions on the part of the Defendant’s vehicle standing in front of the D Hospital emergency room located in Yansan-gu, Seoul Special Metropolitan City on May 20, 2016; (b) on the part of the Defendant’s vehicle in front of the D Hospital emergency room, the victim E (V, 59 years old); (c) 2 times at the victim’s bucket; (d) the victim kids the victim’s breath from the vehicle; and (e) the victim breads the victim’s shoulder part of the victim’s shoulder.

2. On May 20, 2016, the Defendant attempted to intrude upon residence: (a) at the residence of the victim E of 105 of the Yansan-gu Seoul Special Metropolitan City (F. 105) on May 20, 2016, the Defendant used the victim to open an entrance by opening the entrance at several times, namely, “F. 105, f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.,

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A letter of arrest of a flagrant offender;

1. A investigation report on the alleged speech and behavior of the respondent A;

1. Investigation report (12 pages of evidence records);

1. An investigation report (to listen to the statements by the G District GuardH telephone);

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant legal provisions of the Criminal Act and Article 260(1) of the Criminal Act (the point of violence and the choice of fines) concerning the crime, and Articles 322 and 319(1) (the point of attempted intrusion upon residence and the choice of fines) of the Criminal Act;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant or his/her defense counsel has claimed a dispute with the victim, and did not have assaulted the victim or attempted to open the entrance of the victim.

2. The judgment below is based on the evidence examined earlier.