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(영문) 광주지방법원순천지원 2020.08.20 2019고단1213

주거침입등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant and the victim B (the age of 43) returned to death from September 2017 to live together in the net C apartment D around November 14, 2018, and have been living in the above apartment in the same apartment.

1. Around 14:00 on December 20, 2018, the Defendant entering a residence intrusion: (a) in the above C Apartment D where the victim was living; and (b) in the case of the victim, the victim opened a lock-out locking device and intrudes the victim’s residence by using Maskkkky, where the victim had no house, using the crepits that he had, thereby

2. The Defendant, as stipulated in paragraph (1), entered the above apartment apartment No. 4 and waiting for the victim at around 19:00 on December 20, 2018, after gathering the victim's leaving the above apartment No. 19:00 and gathering the victim's face-to-face with another person in his/her dwelling room, and hearing the victim's face-to-face with another person, leaving the victim's hand knife, leaving the victim's knife, leaving the victim's hand knife, leaving the victim's knife, and causing damage to the victim's knife (70cm in length) that is a dangerous thing in his/her clothes.

Summary of Evidence

1. Statement to the effect that the entry of a defendant into the dwelling is recognized in the first trial record;

1. Statements made by witnesses B in the second protocol of the trial;

1. Each police statement concerning B;

1. A written diagnosis of injury;

1. Investigation report (victims and aluminium aluminium photographs);

1. Application of the Acts and subordinate statutes to one case in aluminium to be submitted by the victim;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 319 (1) of the Criminal Act (the point of special injury), and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the injured party does not want the punishment against the accused, etc.);

1. Eight months of imprisonment to be suspended;

1. The circumstances mentioned in Article 59(1) of the Criminal Act and the defendant's alternative crime.