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(영문) 청주지방법원 충주지원 2017.07.07 2017고단263

주거침입

Text

Defendant

C A person shall be punished by imprisonment for not less than six months.

However, the above sentence shall be executed against Defendant C for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 13, 2016, Defendant A (hereinafter referred to as “Defendant A”) was under way in the direction of the E Apartment Management Office at around 04:05 on November 13, 2016, Defendant A (hereinafter referred to as “Defendant A”) went through a dispute with the husband of the victim F (F, 42 years of age) after entering the victim’s residence in the above apartment 11-dong 101, by entering the victim’s residence near the entrance of the said victim’s residence.

2. When Defendant C was aware of the fact that the victim A (24 years old) driven away from F due to driving away the wife F at the time and place specified in the above 1.3 paragraph, Defendant C brought the victim to the above apartment 11 unit 101 unit 101 unit of the E apartment that was residing by the Defendant and F, as indicated in the above 1.1. paragraph, Defendant C brought the victim to the above apartment 11 unit 11 unit 1, for the reason that he became a fire, and brought the victim to the head of the above apartment 11 unit 11 unit 1, and continued to walk the victim in several times, resulting in the victim’s injury, such as “the dives of the head of the inside sect,” which requires treatment for about 42 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect by a part of the prosecution against the defendant A;

1. A protocol concerning suspect interrogation of the defendant C by the prosecution;

1. C’s statement;

1. Photographs;

1. The 112 reported case settlement table, respectively;

1. CCTV images;

1. An injury diagnosis certificate (A);

1. A report on internal investigation (to be made in order to secure nearby areas and CCTVs);

1. The application of Acts and subordinate statutes to each investigation report (to hear and report on the victim F phone statement, to attach a photograph of the entrance door, and to hear and report on the F phone statement by telephone);

1. Defendant A of the pertinent legal provision regarding criminal facts: Article 319(1) of the Criminal Act (the fact of intrusion upon residence, the Defendant is not likely to commit a crime in light of the form of intrusion upon residence, such as opening an apartment door in which the victim F resides and entering the house door.

In particular, the Defendant argued to the effect that the victim F, who entered a marital fighting and entered the house, was flicked, but the victim F she hedgingd with the Defendant C, and entered the same house.