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(영문) 서울중앙지방법원 2013.12.12 2013고정3272
주거침입등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 15, 2013, at around 13:15, the Defendant, who entered a residence, opened a entrance which had been cut off by means of a construction section, such as a dricker, etc., in advance, by preparing an entrance door to prevent others from entering the victim’s non-multi-household housing located in the second floor located in Jung-gu Seoul, Jung-gu, Seoul, and then entered the house, thereby infringing on the victim’s residence.

2. In the above date, at the above place, the Defendant: (a) when alinium, which was installed on the window of the above house, was put up to the victim D, who heard the sound where the windows are shouldered while opening the alinium wind voting; (b) the Defendant, by hand, dump of the victim; (c) dump, knicked the victim’s fingers; and (d) sustained the victim’s fingers by asking the victim’s fingers, thereby causing injury

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Investigation report (Attachment of seized articles and site photographs);

1. Application of Acts and subordinate statutes to report internal death (the degree of injury of a victim);

1. Relevant provisions of the Criminal Act and Articles 319 (1) and 257 (1) of the Criminal Act concerning the choice of criminal facts;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel asserted that the Defendant’s act constitutes self-defense inasmuch as the Defendant’s act constitutes self-defense inasmuch as the Defendant’s act constitutes self-defense inasmuch as the Defendant’s act was committed in the course of making it difficult to put the Defendant’s hand into the Defendant’s seat without putting the Defendant’

In full view of the type of the instant crime, the degree of injury, the present situation, etc. revealed by the evidence revealed as above, the Defendant committed an attack against the victim beyond a simple defense means.

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