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(영문) 서울서부지방법원 2019.09.18 2019고합160
특수주거침입등
Text

A defendant shall be punished by imprisonment for not more than ten months.

one (No. 1) and one thousand (No. 2) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On February 1, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for special intimidation at the Seoul Western District Court on February 1, 201, and the judgment became final and conclusive on February 9, 2019 and is still under probation period.

【Criminal Facts】

1. Around April 26, 2019, around 05:20 on April 26, 2019, the Defendant was in the house of Yongsan-gu Seoul Building B and the victim D, Yongsan-gu Seoul, and the victim D, and under the influence of alcohol, the Defendant invaded the victim’s residence by carrying a dangerous object citing about 34 cm with the net (34 cm in length) and Raber (15 cm in length) that is a dangerous object in his/her thought to inflict an injury on the victim and carrying the dangerous object into an open door.

2. In the time and place mentioned in Paragraph 1, the Defendant entered the victim’s house at the same time and took two parts of the victim’s flusium, which are dangerous objects after having come into the victim’s house, where the victim’s flusium cannot be identified, and the victim’s flusium flusium flusium flusium flusium flusium flusium flusium flusium

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs, photographs of criminal tools, photographs of victims, investigation reports (to hear and report the statements of witnesses and victims);

1. Voluntary submission, records of seizure, the list of seizure, and evidence of seizure;

1. Before judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;

1. Articles 320, 319 (1) (a) and 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a special injury heavier than punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Legal provisions;

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