(영문) 창원지방법원 진주지원 2018.07.12 2018고합60

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 진주지원 2018.07.12 2018고합60

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[2018 Gohap 66] On November 9, 2017, the Defendant entered the victim’s house and infringed upon the victim’s house by entering the victim’s house through the stairs connected to the victim’s house (at around 16:49 and around 18:50 on the same day while the victim’s house had a dispute with the victim at around 16:49 and around 19:50 on the same day.

[2018 Gohap 60]

1. On April 30, 2018, the Defendant, in response to the withdrawal, refused to leave for about 28 minutes until 21:28 minutes on the same day, even though he/she received the demand from the injured party to leave “a change in our system would have been completed.”

2. In cases where the victim reported to the police and immediately after leaving the police station due to the same facts as the above paragraph (1) above at around 21:56 on the same day, the defendant who intrudes upon his/her residence, is able to leave the police station again;

The door was opened and the math was invaded by the victim's residence.

3. The facts charged on May 1, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, including intrusion upon residence, destruction of special property, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, stated the date and time of the crime in this part as “ around May 1, 2017, 08:20.” However, in light of the evidence and the order in the facts charged as indicated in the judgment, etc., it is obvious that it is a clerical error, and thus, it is obvious that it is a clerical error, to the extent that it does not

At the above victim's house, the victim reported to the police due to the same facts as the above 1 and 2, arrested as a flagrant offender, and was released at the detention room of the Jinju Police Station, and the victim was released. As such, with the aim of retaliationing against the reported victim with respect to the promotion of religion, the corrective devices are 3 to 4 times.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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