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(영문) 서울동부지방법원 2018.11.28 2018고단2418
살인예비
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

On June 4, 2018, the Defendant: (a) entered the “G Publication Board” located in the Seoul Special Metropolitan City, the victim E and F of the second floor located in the Seoul Special Metropolitan City, on June 4, 2018; (b) carried one food knife ( approximately 33 cm in total length, approximately 21 cm in length) in advance; and (c) sealed the front door of the said Notification Board’s general affairs room, sealed the poster in a knife, carried the poster in a knife; and (d) failed to find the victim.

Since June 5, 2018, the Defendant entered the 00:59 again on June 5, 2018, and possessed the knife on the left part of the knife and managed the knife F of the victim F who managed the knife.

“After finding out the fact by asking “,” the victim E in the 3th floor of the above public official notification unit, the victim E was put up a plaque, such as opening a door.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Partial statement of witness E;

1. Statement made by the police for E;

1. Investigation report (related to CCTV investigation at the time of the instant case) and investigation report (related to attaching photographs to the site of the instant case);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Articles 320 and 319 (1) of the Criminal Act relating to the facts constituting an offense;

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. Social service businesses under Article 62-2 of the Criminal Act;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The alleged defendant asserts to the effect that the crime of this case cannot be recognized, since it was found in the breath Public Notice Board under the influence of alcohol and did not intrude upon a residence against the will of the person having the right to residence, and it was not used for the purpose of intrusion upon a deadly weapon itself.

2. The public corridor, etc. inside a judgment collective housing constitutes “human residence” which is the object of a residential intrusion crime, and if the defendant knew that he/she excessively holds access, he/she would not allow access (victim E is the police).

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