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(영문) 창원지방법원 거창지원 2021.02.10 2020고단248
주거수색등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On April 11, 2020, the Defendant confirmed that the Defendant followed the TV west and clothes west, etc. on the ground that the Defendant sought the victim’s contact information and money from the victim’s home located in Gohap-gun, Chungcheongnam-gun, Gyeongcheon-gun, and that the Defendant was located inside the victim’s home located in Gyeongcheon-gun, Gyeongcheon-gun, and that the debt manager’s contact information and money

Accordingly, the defendant searched the victim's residence.

2. Special intimidation Defendant does not have a call at the time and place mentioned in paragraph 1 to the victim C (n, 69 years of age).

at any time contact with children.

“,” but the victim is not aware of it.

There is no need to call, and there is no need to find the test.

The answer "," which is a food knife (the total length: 28 cm, the knife length: 16.5 cm) that is a dangerous thing, and the knife knife knife knife knife knife, knife knife knife.

Now it would die unless he/she waits to connect children with telephone.

“The victim was threatened by carrying dangerous articles.”

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report by the police on the criminal defendant's statement C in his/her legal statement (Attachment to photographs of a scene of special intimidation) and reporting internal investigation (a dangerous object used at the time of committing the crime);

1. Relevant Article 321 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. The crime of this case with the reason of sentencing under Article 62(1) of the Criminal Act is a crime of this case where the defendant searches the victim’s residence and threatens the victim with the knife, which is a dangerous object, and the nature of the crime is not good.

However, the fact that the defendant recognizes the crime of this case, there is no record of punishment that the defendant has been punished in excess of the fine, and that the defendant raises a minor child, etc. shall be considered as favorable to the defendant.

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