beta
(영문) 의정부지방법원 고양지원 2013.12.12 2013고정1375

주거침입등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the lessor of apartment buildings No. 202, 601, Jungyang-gu, Busan Metropolitan City, 202, and the victim D (V, 49 years of age) is the tenant of the above apartment.

1. On June 14, 2013, around 07:30 on June 14, 2013, the Defendant: (a) opened without permission the entrance door of the above apartment that the victim was living, and entered the entrance door and the balcony through the entrance, and infringed upon the victim’s residence.

2. At around 09:00 on the same day as Paragraph 1, the Defendant: (a) committed assault by the victim by opening the above apartment door and driving away the victim by a corridor; (b) by putting the head of the victim’s knife and cutting down the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles 319(1) and 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (amount converted per day: 50,000 won);

1. Article 59 (1) of the Criminal Act (i.e., the first offender and the victim’s delinquency in payment of monthly rent) of the suspended sentence;