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(영문) 서울서부지방법원 2020.02.05 2019고단3200
건조물침입등
Text

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

Reasons

Punishment of the crime

[criminal power] On April 5, 2017, the Defendant was sentenced to imprisonment with prison labor for an injury, etc. at the Seoul Western District Court, and the execution of the sentence was terminated on July 10, 2017 at the Seoul Southern Southern District Court. On July 20, 2018, the Seoul Western District Court sentenced the Defendant to one year of imprisonment with prison labor for an injury, etc. at the Seoul Western District Court, and completed the execution of the sentence on May 28, 2019.

【Criminal Facts】

The Defendant, “D” operated by the Victim C(63 years of age) in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, is a person who injured the victim’s family members and was punished twice as criminal records due to the act of obstructing his/her duties and issued a provisional injunction prohibiting access to the victim and his/her family members. A.

On June 11, 2019, around 19:10 on June 11, 2019, the Defendant entering a building, entering the entrance to the entrance for the purpose of threatening a person who was punished for reporting by the victim in the past, and invaded the building managed by the victim.

B. The Defendant of intimidation (hereinafter “D”) around 20:50 on June 22, 2019.

In order to find for the same purpose, the victim threatened the victim by saying, “I will cut down the power line”, “I will die by living together with the homeless in Seoul Station”.

Summary of Evidence

1. Defendant's legal statement;

1. Police officers and prosecutor's offices' statements concerning C;

1. A E-document;

1. Investigation report (related to crimes committed by a suspect against the victim), investigation report (related to provisional disposition prohibiting access of a suspect);

1. Previous records of judgment: Application of criminal records, reply reports (A), investigation reports (two cases of imprisonment with labor for the same victim due to a crime) and Acts and subordinate statutes;

1. Relevant Article 319(1) of the Criminal Act, Article 283(1) of the Criminal Act and Article 283 of the Criminal Act, the choice of imprisonment for a crime

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for a period from one month to six years;

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