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(영문) 광주지방법원 순천지원 2017.08.11 2017고단995
특수주거침입등
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

1. Violation of special residence intrusion, damage to special property, and animal protection Act;

A. On April 2016, the Defendant: (a) invadedd with a gate, which is a dangerous thing at the victim’s house in 1,000, on the ground that the victim’s dog owned by the Defendant reported or obstructed himself/herself; and (b) caused an injury to an animal by using a tool and tool that harms the utility of KRW 200,000 for treatment expenses; and (c) caused the injury to the animal.

B. On April 14, 2017, on the ground that the above dog was 00:55 on the ground that the Defendant reported himself/herself, and obstructed him/her, the Defendant intruded with a knife ( approximately 30 cm in total length, approximately 18 cm in length on the knife) that is dangerous to the above place, and inflicted an injury on an animal by using the knife tool at the same time that the knife treatment fee would amount to utility.

As a result, the Defendant invadeds the residence of the victim by carrying dangerous things two times in total, damages the victim’s property, and damages the animal at the same time.

2. Around April 13, 2017, around 23:55, the Defendant damaged property, at the place indicated in the foregoing paragraph 1, accompanied by the Defendant’s installation of a steel gate owned by the victim, of KRW 200,000.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 320, Article 319 (1), Article 369 (1) and Article 366 of the Criminal Act concerning the crime; Article 46 (1) and Article 8 (2) 1 of the Animal Protection Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

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

1. The community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include: (a) there are circumstances that may be taken into account the circumstances of the crime, such as continuously obstructing the surface of the water due to the opening of the defendant being raised by the victim; (b) there is no criminal record; and (c) it reflects the fact.

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