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(영문) 수원지방법원 평택지원 2019.09.10 2019고단152
특수주거침입등
Text

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

Seized evidence 1 or 2 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court Sejong District Court on August 25, 2015, and on January 22, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime in the same court on January 22, 2016, and the said sentence became final and conclusive on April 23, 2016, and completed the execution of the final sentence in the Busan Prison on February 16, 2017.

[2019 Highest 152]

1. On October 16, 2018, the Defendant was living in Pyeongtaek-si B at around 04:00, when the victim C (the age of 93) was living in his/her own house, the Defendant was living in his/her house, and was living in front of the front of the string door (the total length of 40 cm and the length of 20 cm on the day), which is a dangerous object (the total length of 32 cm and the length of 20 cm on the day).

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

2. Special intimidation: (a) the Defendant, at the time and place specified in Paragraph 1, 1, has maintained a dangerous object (the total length of 40 cm, 20 cm) (the length of 40 cm, and 20 cm); (b) has opened the door door of the above house and opened the door “heat” and sound, but the victim C (the age of 93) has not opened the door door, and continued to open the door, and “I Ra’s prior to the death?” she had shown a attitude of 20 minutes to inflict harm on the victim, such as breaking the door door and sound, which is a dangerous object (the total length of 32 cm and 20 cm).

Accordingly, the defendant carried dangerous objects and threatened the victim.

[2019 Highest 596] The Defendant is not a narcotics handler.

From April 7, 2019 to April 16, 2019, the Defendant administered philophones in an irregular manner once between Dongjak-gu Seoul Metropolitan Government and Pyeongtaek-si, Yananan City, Incheon City, and Chungcheongnam-nam Budget Group (hereinafter referred to as the “Seoul-gu”).

Summary of Evidence

[2019 Highest 152]

1. The defendant's partial statement in court;

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