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(영문) 광주지방법원 목포지원 2018.07.13 2018고단418
특수폭행등
Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

B. The Defendant, who was the victim of the crime, was at the end of the two-month period from October 2017 to November 2017.

On December 2, 2017, around 22:00, the Defendant again refused the demand of the Defendant, followed the contact, and did not reach the contact, the Defendant started to find out the victim's house in the southanan-gun D apartment 10* Dong 1** the victim's house in the southan-gun.

The Defendant demanded the victim to open a door in front of the victim's house, but the victim was refused to do so, and approximately 20 minutes were flicked by opening the door, and had the victim open a door twice in the house, and intruded into the house, and her hand knife, which is a dangerous object in the kitchen kitchen, continuously with the victim's knife (the total length: 30cc, 18.5cc., the knife length: 18.5cc.) and her body was pushed off by pushing the victim's body and her body was pushed off on one hand, and knife the victim's head head knife by other hand.

Accordingly, the defendant invadedd the victim's residence and assaulted the victim by carrying dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against C;

1. On-site photographs of the case;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Articles 261 and 260 (1) of the Criminal Act (the point of special assault, the choice of imprisonment with prison labor) concerning the crime;

1. Part concerning dismissal of public prosecution under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act, which increases concurrent crimes

1. Of the facts charged, the Defendant: (a) around 07:00 on March 20, 2018, the Defendant opened a door door to the victim’s body and carried out the door door to the victim’s body in front of the victim’s 10*** the victim’s front of the front door of the house of the victim C around the same day; (b) around 07:20 on the same day, the victim waiting to leave the door; (c) but (d) on the other hand, the Defendant was inside the house.

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