beta
(영문) 대전지방법원 천안지원 2017.01.12 2016고단1718

특수주거침입등

Text

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

Reasons

Punishment of the crime

The defendant and the victim C (V, 48 years old) have been divorced for about 10 years before the divorce, and the defendant himself is living a married person after the divorce, while the victim has met another male.

I think, I thought that he was in mind and thought that he was in the residence of the victim or the victim.

1. On June 18, 2016, at around 23:20 on June 18, 2016, the Defendant invadedd the victim’s residence, and went into the ward through the entrance door, putting the brick, which is a dangerous object in front of the entrance, and was opened. 2. In light of the date indicated in paragraph (1), the Defendant: (a) discovered the victim’s dwelling place in the ward; (b) discovered the victim’s sleepd from the locking; (c) brought the victim’s head at one time with a shot, a dangerous object; and (d) caused the victim’s injury, such as cerebrus, which requires medical treatment for about three weeks, when the victim’s face can be taken by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police on the police;

1. A written statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing injuries inflicted on victims and field photographs;

1. Articles 258-2 (1), 257 (1) (a) and 320, and 319 (1) (a) of the Criminal Act concerning the crime in question (a point where a person intrudes upon a residence carrying a deadly weapon, and a choice of imprisonment with prison labor);

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. When he/she becomes aware of the victim's domicile without any justifiable reason in sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount of punishment, he/she uses a deadly weapon and find it as a substitute;

It is disadvantageous to the victim, such as the display of deadly weapons to the victim, and the non-performance of any damage.

Punishment shall be determined in consideration of the fact that a person has lived without criminal history for a long time, reflects, and is not good in health.