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(영문) 대구지방법원 의성지원 2019.01.10 2018고단185
특수주거침입등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 01:20 on August 26, 2018, the Defendant: (a) performed drinking at “C convenience stores” located in front of the building B in North Korea; (b) went into the said “B building” G, the injured party, E, and F, the injured party, and E, and F, enter the said “B building” G, the victim’s residence; (c) enter the Defendant’s “B building” H, the Defendant’s residence, and gather a knife (the total length: 32cm, the knif length: 20cm, the knife length, the knife No. 1) and knife the said G head; and (d) entered the said kitchen knife through the front door, the victim knew that the delivery ceremony arrived.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

2. Around August 26, 2018, at around 01:20, the Defendant: (a) entered the “B building” G; (b) the victim D (36 years of age) into the said victim’s residence; (c) entered the living room; and (d) took approximately five minutes of a heavy knife, which is a dangerous object; and (d) took an action that may threaten the body of the victim and the victim E (32 years of age) and F (33 years of age).

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each testimony of witness D, E, and F;

1. Each police statement made to D, E, and F;

1. Report on internal investigation, etc., photographs of criminal tools, field photographs, etc.;

1. Application of the existing Acts and subordinate statutes of one seized knife (No. 1);

1. Relevant legal provisions concerning facts constituting an offense, Articles 320 and 319 (1) of the Criminal Act (the point of entering residence with dangerous things), Articles 284 and 283 (1) of the Criminal Act (the point of threatening carrying dangerous things) of the Criminal Act, and the choice of imprisonment with prison labor;

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

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

1. Article 62 (1) of the Criminal Act;

1. The following circumstances are the reasons for sentencing under Article 48(1)1 of the Criminal Act.

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