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(영문) 서울중앙지방법원 2020.01.31 2019고단6859
주거침입등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Criminal facts

The defendant is a person who resides in the Dongjak-gu Seoul Metropolitan Government B rooftop floor and was living in the second floor of the Dongjak-gu Seoul Metropolitan Government building, which is a usual building, and the victim D (22 years old) residing in the second floor of the Dongjak-gu Seoul Metropolitan Government building stolen his privacy, and thought that he did not look at the victim's residence.

1. At around 10:40 on August 5, 2019, the Defendant entering a residence intrusion: (a) entered the victim’s residence in front of the entrance of the second floor through the window closed without being set up at the first floor of the Dongjak-gu Seoul Metropolitan Government C building 1; and (b) intruded the victim’s residence.

2. Special intimidation: (a) the Defendant, at the same time and place as mentioned in the above paragraph (1) above, threatened the victim with a knife, which is a dangerous object that had been placed in front of the second floor door door, and was placed in a knife and an insular place; and (b) threatened the victim from outside of the knife door, with the attitude of “the person who confirmed the knife of the cellphone”

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Statement of statement by the police about D (the fact of Article 2 at the time of sale);

1. The statement to the effect that the defendant cited the truth at the time and place of the ruling in this Court

1. Statement made to D by the police;

1. The police investigation report (related to the victim's additional statement hearing of D) (the defendant cited the net value at the time of the instant case, but did not knife the knife. However, the victim consistently stated in the investigative agency that "the defendant used the knife knife of not only the knife at the time of the instant case, but also the knife of the knife as well as the knife of the knife of the knife." The victim's above statement was hard to understand without direct experience, and there is no special motive or reason for the victim to make a false statement. In light of the above, the application of the law by the defendant as well as the knife knife as well

1. Article 319 of the Criminal Act concerning criminal facts and the choice of punishment.

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