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(영문) 부산지방법원 2014.12.18 2014고단5752
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On April 9, 2014, at around 20:15, the Defendant assaulted the victim E (year 52, female) who was under the influence of alcohol in Busan Northern-gu C 201 Dong 109 (D apartment), who was in the first floor of that apartment, and was trying to be aware of whether he/she was in his/her own seat, on the ground that he/she was the victim E (year 52, female) who was in his/her own seat and went into his/her seat without being able to go into his/her seat. The Defendant assaulted him/her, such as: (a) he/she was unable to neglect the weather year; and (b) he/she was completely exempted from his/her shoulder and her desire and threaten him/her.

2. Regarding the date, time, place, and facts, such as the above “1”, the Defendant: (a) opened a entrance door according to the victim E and entered the door, and (b) took the victim’s bath by opening a locked door; and (c) carried out the door door by opening the door, and (d) carried out the peace of residence, such as fasting the door door, sprinking, and sending the door door.

3. With respect to the date, time, place, and facts mentioned in the above “1” provision, the Defendant, on the ground that the victim F, who is the husband of the victim E, her husband, took a bath, such as “the snow color of the dog, dead,” etc., and was arrested as a flagrant offender, and then arrested as one of the police officers on board the patrol vehicle in the presence of two police officers during the patrol vehicle, he again took a bath, such as “the flap, even before the flag, the flab, and the flabing of the 201 unit,” and openly insulting the victim F.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 319 (1), 260 (1), and 311 of the Criminal Act concerning the selection of criminal punishment, and imprisonment with prison labor;

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

1. It shall be decided as ordered on the grounds of not less than Article 62(1) of the Criminal Act (the fact that each 500,000 won has been deposited for victims, reflective nature, etc.);

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