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(영문) 부산지방법원 2018.02.22 2017고단5257
특수주거침입등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 10, 2017, at around 22:55, the Defendant: (a) discovered to claim to the victim C on the same day in front of the house of the victim C located in the Busan Youngdo-gu, Busan; (b) but (c) did not open the entrance in the damaged person, the Defendant laid down a hole of the entrance owned by the victim with a hole flost, which is a dangerous thing that was used by the damaged person in his/her hand without opening the entrance in the entrance, and destroyed property worth KRW 70,000 at the market price by tearing the shock net.

2. The Defendant, as described in paragraph 1, infringed upon the victim’s residence with the joint entrance locker (a steel material and approximately KRW 21 cm in length) with the percentage of the entrance locker, which is a dangerous object, at the same time.

3. The Defendant, as described in paragraph 2, has invaded upon the victim C(35)’s residence, and used the victim’s arms in a hole turfing the part of the victim’s entrance to the turf, which was being charged on the turf, and used a hole turf (a steel material and length about 21cm), which is a dangerous object (a steel material and about 21cm).

Summary of Evidence

1. Statement by the defendant in court;

1. A prosecutorial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act, Articles 320 and 319 (1) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, and Articles 261 and 260 (1) of the Criminal Act concerning the crime;

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

1. The suspended sentence under Article 62(1) of the Criminal Act does not have the same or special history as the reason for sentencing, the victim received the amount equivalent to the amount of damage from the defendant and does not want the punishment of the defendant by agreement with the defendant, and shows the attitude to recognize and reflect the crime, and all other circumstances, such as the motive and circumstance of the crime in this case, shall be determined by the same sentence as the order.

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