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(영문) 서울남부지방법원 2016.02.11 2014고단4786

주거침입등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 9, 2014, around 17:40 on October 17, 2014, the Defendant was waiting for the victim C in front of the emergency stairs of the victim C (the 105-dong and 48-year old) located in Yeongdeungpo-gu Seoul Metropolitan Government apartment B apartment building 105-dong and 1302, and the Defendant returned home to the victim C and his mothered victim D (the 81-year age), and carried out the entrance, and carried out the said victims into the house.

Accordingly, the defendant invadedd the victim's residence.

2. Violation of the Punishment of Violences, etc. Act (Intimidation, such as a group, deadly weapon, etc.) The Defendant intrudes the victims' residence at the time, time, and place specified in paragraph (1), as described in paragraph (1), and takes a knife knife knife at the back of the entrance before the opening of the entrance.

In other words, the phrase “I, in the last time, will die and thrown away if you do not move,” and the word “I am kn't kn't kn't kn't and kn't kn't kn't kn't kn't kn't kn't kn't kn't.

피고인은 이어 피해자들을 작은 방 안으로 밀어 넣은 뒤 같은 방법으로 칼을 손에 든 채 상의 옷을 걷어 올리고 배가 보이게 한 다음 “ 죽을 각오로 왔다, 동생에게 휴대폰 문자로 유서까지 써서 보냈다” 고 말을 하며 방의 불을 껐다 켜는 등의 행동을 반복하며 마치 피해자 C이 피고인을 만나주지 않으면 죽어 버릴 것처럼 행동하였다.

Accordingly, the defendant threatened victims by carrying a knife knife, which is a deadly weapon.

Summary of Evidence

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

1. Statement by the police with regard to C (including D's statement);

1. Each investigation report, application of photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts constituting an offense and the occupation of an selective residential intrusion: The occupation of intimidation to carry a deadly weapon under Article 319(1) of the Criminal Act: Articles 284 and 283(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Intimidation);

1. Selection of each sentence of imprisonment;