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(영문) 대구지방법원 포항지원 2021.01.13 2020고단1420

특수건조물침입

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[B] On August 1, 2020, around 04:30, at the “D” restaurant operated by Defendant A (51) located in Ulllleung-gun, U.S., (51) around 04:30, where the Defendant drinks alcoholic beverages with only the Defendant’s wife and clothes prior to drinking, and the Defendant, as soon as he finds the above restaurant, was able to intrude into the above restaurant in order to find his clothes and cellular phones which he did not have a base, and carried with him any dangerous object (22 cm in total length, 13 cm in length of the day) and carried with the Defendant’s building through the open entrance of the restaurant.

[2] Defendant B (58) infringed on the above restaurant at the above date, time, and place, and Defendant B, as seen above, called “I have to come to us,” and the victim was knife in the state in which knife was the victim.

In order to take the knife or knife a knife with the victim, knife the victim's body once in the course of fighting with the victim and knife the knife who is a dangerous object in the cooling.

In addition, the part of the victim's head was cut once, and the victim was fested with the condition of the treatment days.

Summary of Evidence

1. The legal statement of the defendant and the joint defendant B's legal statement;

1. Occurrence of, reporting on the detection of, and on-site photographs of, an accident suspected of bodily injury or special intrusion;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Six months to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of violent crimes]. The injury of special injuries and repeated crimes [the type 1] special injury [the person subject to special sentencing] - mitigated factors: the victim shall also be fully responsible for the occurrence of the crime or the expansion of damage.