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(영문) 서울북부지방법원 2018.04.13 2017고합496
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 29, 2015, the Seoul Western District Public Prosecutor's Office (2015 type No. 28679) filed a complaint with the victim C who had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had been

The Defendant had threatened the victim with raising money with knife, and had been punished for special intimidation, but was sentenced to criminal punishment for the crime of intimidation, but did not refrain from restraint, and had the victim found in the same time.

On August 15, 2017, at around 21:50 on August 21, 2017, the Defendant intruded on the Ba in Mapo-gu Seoul Metropolitan Government D, and came to front of the 201 suspender door of the victim through stairs, and so far, the Defendant was able to unfold the door, so far as it is unfolded by approximately 17 minutes of hand, and “C, as soon as possible, died and discarded.”

‘Written appeal’ has been filed.

Accordingly, the defendant invadedd the victim's residence, public stairs and corridor, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the witness C and E in the third trial records;

1. Statement made by the police against C;

1. A written statement prepared by C;

1. On-site photographs and cell phone recording files;

1. Application of Acts and subordinate statutes to each investigation report (related to the seizure of goods at the site and arrest status, and statement of reference witness to confirmation of cell phone recording files);

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 283 (1) of the Criminal Act (the point of intimidation and the choice of imprisonment);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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