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(영문) 대전지방법원 2016.09.02 2016고단2065

특수주거침입

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant thought that the victim C, who was singling with and known to singing out, had a man other than himself, and had a mind to intrude into the victim's house in order to find evidence.

At around 02:00 on June 18, 2016, the Defendant kept the kitchen knife (blade length: 19cm, total length: 30cm), which is a dangerous object, in the victim’s residence located in the D Building 207 at Sejong City, and infringed upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the C Statement;

1. Application of statutes on images of on-site photographs;

1. Articles 320 and 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Suspension of execution of sentence under Article 62(1) of the Criminal Act, including the fact that there is a large risk of committing a crime with reason for sentencing, the violation of the law, and the agreement of victims