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(영문) 인천지방법원 2018.11.15 2018고단4250

특수주거침입등

Text

A defendant shall be punished by imprisonment for six 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

1. The defendant who intrudes with a special residence and damages special property for the victim C (V, 48 years old) is between the victim and the victim.

On May 12, 2018, at around 18:30 on May 12, 2018, the Defendant: (a) thought the victim’s house in order to talk with the victim; and (b) decided on May 12, 2018, at the time of the victim’s house located D 203, the Defendant opened a window in the order of KRW 550,00,000, which was attached to the front of the front door of the entrance, on the network, a dangerous object that was carried in the front of the front door of the entrance; and (c) opened the window and entered into the victim’s house.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim and infringed upon the residence of the victim.

2. Destruction of special property and special violence to victims E (53);

A. On May 12, 2018, at around 18:50, the Defendant, under the influence of alcohol in front of 5-1 street 33, the Incheon Gyeyang-dong, Incheon Gyeyang-gu, 33, a 53-1 street, he left the vehicle, which was the victim’s possession and stopped in that place without any justifiable reason, once he gets off the vehicle’s driver’s seat gate, which is a dangerous object that used a multi-faced part of the car, and caused the repair cost to be KRW 700,000.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

나. 피고 인은 위 가항 기재 일시, 장소에서 그 랜 져 승용차를 부순 것에 대해 피고인을 쳐다보고 있는 피해자에게 “ 야 개새끼야 ”라고 욕설을 하며 들고 있던 위험한 물건인 망치로 여러 차례에 걸쳐 때리려는 시늉을 하고, 경찰에 신고를 하며 피고인을 잡는 피해자의 왼쪽 얼굴을 주먹으로 1회 때렸다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. The defendant's legal statement (Provided, That the facts in paragraph (2) shall be the date of the sixth public trial);

1. Each police statement made to E, F, and C;

1. Application of each statute on photographs;

1. Article 320 of the Criminal Act as to the crime.

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