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(영문) 수원지방법원 평택지원 2018.01.17 2017고단2126
주거침입등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 21, 2014, the Defendant was sentenced to eight months of imprisonment by obstructing business operations by the Seoul Northern District Court and completed the execution of the sentence in the Seoul Eastern House on June 8, 2015.

[Criminal facts]

1. On October 27, 2017, the Defendant: (a) 22:40 on October 27, 2017, 2017, while drinking alcohol at the restaurant for D’s operation, which is a child of the victim C (V, 58 years old); (b) had the police investigated the said D; and (c) had the victim discovered in the victim’s house to comply with it.

A. On October 28, 2017, the Defendant, at around 02:20 on October 28, 2017, 02:20, at the victim’s house located in Pyeongtaek-si EB01 Dong, the Defendant kept the front door in his/her hands, thereby having the victim go to his/her house without choice of the victim, thereby having the victim go to his/her own house in his/her hands, thereby keeping the front of the Defendant.

Accordingly, the defendant assaulted the victim.

B. The Defendant infringed upon residence at the time and place described in the preceding paragraph, and even if the Defendant prevented the victim from entering the victim’s house, such as the entry in the preceding paragraph, the Defendant pushed the victim, thereby entering the house and leaving the house.

Accordingly, the defendant invadedd the victim's residence.

(c)

협박 피고인은 전항 기재 일시 및 장소에서, 피해자를 향해 “D 이, 이 새끼, 어딨어, 내가 이 새끼 죽이러 왔다, 이 새끼 당장 너 나와.” 라는 등으로 욕설을 하여 피해자의 생명, 신체에 마치 어떤 위해를 가할 듯이 언동하였다.

Accordingly, the defendant threatened the victim.

2. On October 27, 2017, the Defendant had assaulted the Victim D (29 years of age) on October 28, 2017, with the view that at around 18:00 on October 28, 2017, the Defendant got the Victim D to threaten the Victim in order to receive a return of the agreed amount.

On October 28, 2017, the defendant is at the residence of the defendant in Pyeongtaek-siF around 22:34.

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