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(영문) 서울남부지방법원 2018.06.15 2017고단4644

주거침입등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two years on August 26, 2016 by imprisonment with prison labor for a crime of obstructing the performance of official duties at the Seoul Southern District Court, Seoul Southern District Court, and the above judgment is the same year.

9.3. Finality has been made.

[Criminal facts]

1. On July 31, 2017, around 02:30 on July 31, 2017, the Defendant infringed upon the victim’s residence by entering the mash in an insular way to see the dog that was driven in front of the victim’s residence C, under the influence of alcohol and having a necked at the victim’s residence.

2. Whether the injured Defendant 1 was able to catch a line at the time and place described in paragraph 1, and how she came to our house from the damaged person.

When hearing the word “”, without any reason, the victim’s face was humeed by drinking, and the victim’s chest was kneeked by driving away from the door, and the victim’s body was kneeed under one ton of the parked in the door, and the victim suffered injury, such as a lum bry fry, etc., which requires approximately 4 weeks of treatment to the right side of the victim.

3. After property damage, the Defendant destroyed the victim’s house in a 800,000 won or less, which is the victim’s possession inside and outside of the house, by an influoring method, and collected approximately KRW 450,000,000,000,000 won, which were stored in the ward, and damaged the said objects.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Police seizure records;

1. Reports on internal investigation (Submission of a medical certificate of injury to a victim), investigation reports (investigation into the scene of the crime);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 257(1) of the Criminal Act (the point of harm), Article 366 of the Criminal Act (the point of damage) and the choice of imprisonment with prison labor;

1. The crime of this case on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is under suspension of execution.