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(영문) 광주지방법원 해남지원 2019.11.21 2018고단488

특수주거침입등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was in a state of lacking ability to discern things or make decisions due to the mental retardation of even if he had a serious behavior disorder with the disabled of grade II, and the victim B (75 years of age) and C (79 years of age) are neighboring to the village.

1. On July 5, 2018, the Defendant: (a) around 14:00 on July 5, 2018, around 2018, opened a gate in the victim B located in Jeonnam-gun, Namnam-gun; (b) opened an unreshed residential area; (c) intruded the victim’s chest part of the victim’s chest; and (d) intruded the victim, and diversed the victim’s hair, and knife the victim’s hair, and knife the victim’s hair, and knife the victim’s hair, thereby requiring approximately two weeks of treatment.

Accordingly, the defendant invadedd the victim's residence and injured the victim.

2. On August 1, 2018, the Defendant: (a) around 12:00 on August 1, 2018, at the victim C’s residence in Namnamnam-gun E, the Defendant opened a kitchen, which is a dangerous object, and opened an entrance that has not been corrected, and intrudes into the living room, and ruptures into the living room, and ruptured the said kitchen, and ruptured the victim with the kitchen.

We repeated the inspection to be conducted and threatened with a rapid shaking.

Accordingly, the defendant carried dangerous things into the residence of the victim, and threatened the victim.

Summary of Evidence

1. Each police statement concerning C and B;

1. Investigation report (CCTV and search and investigation);

1. A written diagnosis of injury;

1. Nine copies of related photographs (the defendant and his defense counsel did not commit any crime as indicated in the judgment of the defendant, and they shall be denied. However, the victims make a concrete and consistent statement about the state of damage, and there are no circumstances to suspect the credibility thereof, so the defendant may sufficiently recognize the fact of committing each of the above crimes. Accordingly, the above assertion by the defendant and his defense counsel is not acceptable)

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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