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(영문) 수원지방법원 성남지원 2018.07.12 2017고단2895
주거침입등
Text

A defendant shall be punished by imprisonment for one year.

Seized one knife (33 cm in length, 21 cm in length)(No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On September 26, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Bodily Injury) in support of the Sungnam branch of Suwon branch on September 26, 2014, and completed the execution of the sentence in the original prison on July 20, 2016.

The defendant and the victim C(49 tax) of "2017 Highest 2895" are the occupants of E Public Notice Board D in Seongbuk-gu, Sungnam-gu.

1. Around October 11:15, 2017, the Defendant infringed upon his residence by opening a 310 visit in which the victim is residing and entering the 310 house and entering the 310 house in which the victim was living, as the said victim was demanded to demand that the Defendant be able to be able to assist the Defendant.

2. Special intimidation: (a) the Defendant, at the time and place specified in the foregoing 1. paragraph (1) above, made a knife (33 cm in total length, 21 cm in knife) that is a dangerous object that had been prepared in advance during a dispute with the said victim; and (b) threatened the victim as a knife.

On August 4, 2017, the Defendant: (a) around 23:45 on August 4, 2017, the Defendant: (b) on the ground that the victim under the influence of alcohol was under the influence of alcohol on the part of the victim H(50) and alcohol at the Sung-nam-gu, Sungnam-gu, Seoul Special Metropolitan City entertainment station; and (c) on the ground that the victim was under the influence of alcohol on the part of the victim’s h (50 years old) and alcohol, disregarded himself.

After having opened a sound, “The victim was injured by beer disease, which is a dangerous object on the tables, and the victim had his math once, resulting in injury such as the number of days of treatment.

Summary of Evidence

"2017 Highest 2895"

1. Statement of the defendant in the third public trial records;

1. Statement made by the police against C;

1. Police seizure records;

1. The case-related photograph "2017 Mano 3228";

1. Statement of the defendant in the third public trial records;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. A photograph of the upper part of the body;

1. Previous convictions indicated in the judgment: (A) a reply to inquiry, such as criminal history, report on investigation (the confirmation of a criminal suspect's previous convictions), application of Acts and subordinate statutes;

1. Relevant Article 319(1) of the Criminal Act concerning the crime (the point of intrusion upon residence and the choice of imprisonment).

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