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(영문) 인천지방법원 2020.04.03 2019고단9192
특수주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On October 28, 2019, at around 10:40, the Defendant thought that he was in excess of the victim C (n, 61 years of age)’s residence in Michuhol-gu Incheon, Incheon, that he was in danger of the Defendant’s home because of the victim’s desire to die, and opened a knife (the total length of 25 cm, 14 cm) with a knife, which is a dangerous object at the Defendant’s home, and opened a knife and intrudes the victim’s house and opened a knife that was not unlocked at the victim’s residence, and “the other person’s knife is not fighting, the other person’s knife is not dead, and the knife is dead.”

Accordingly, the defendant carried a dangerous knife, and threatened the victim by impairing the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the records of seizure, list of seizure and criminal attempt;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 320, 319 (1) of the Criminal Act (the occupation of entering a residence with dangerous articles), and 284 and 283 (1) of the Criminal Act (the occupation of threatening carrying dangerous articles and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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