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(영문) 춘천지방법원 영월지원 2018.09.11 2018고단124
주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Although the defendant and the victim C(75 years old) were married, they were divorced on October 17, 2017.

1. Around November 7, 2017, the Defendant violated his/her residence, who was not the victim’s leader, was living together with his/her neighbors. Around November 7, 2017, the victim did not help the Defendant collect his/her personal shoulder, but did not object to his/her match.

Accordingly, the defendant, on November 7, 2017, opened a door twice and open a door to the victim's house located in Gangwon-gun D, Gangwon-do around November 7, 2017.

It refers to the victim's house, and the victim has intruded the victim's house by entering the house through the window which is opened without opening the door.

2. The Defendant of intimidation: (a) enters the victim’s house at the time, place, such as the date, time, and place described in paragraph 1; (b) knife the knife onto gas bags; (c) took the knife against the victim; and (d) took the knife against the victim.

“In the end, the victim threatened the victim.”

3. Damage to property;

A. The Defendant destroyed and damaged things worth KRW 780,00 in total market price by gathering lids, which are lids owned by the victim, and lids, which were located outside of the house by the victim, in a place where the victim was living away from the house, and making it impossible for the victim to gather and use the clothes, health foods, etc., which are owned by the victim, on the ground floor.

B. On November 9, 2017, the Defendant found the victim’s house at the second victim’s house and destroyed it by gathering it into the house through a window with the plastic will in the market value owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Nine copies of a report on internal investigation (in the event of a report or dispatch to the scene, a report accompanied by photographs), and on-site photographs;

1. A criminal investigation report (on-site mobilization conditions);

1. 112 Reporting case handling table;

1. Three copies of a report on investigation (Attachment of on-site photographs), and of photographs;

1. Two copies of the investigation report (report attached to marriage-related certificates), and the marriage-related certificate (the defendant and his defense counsel shall be the case;

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