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(영문) 대구지방법원 서부지원 2016.11.10 2016고단1994
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has been in a relationship with the victim B (n, 31 years of age) and until April 2016.

1. Intrusion upon residence;

A. On July 3, 2016, the Defendant: (a) around 23:00 on July 3, 2016, in the residence of the above victim in Daegu-gu, Seo-gu, Daegu-gu; (b) sent the gate several times on the ground that the victim did not open the door; (c) removed the victim’s toilet window from the victim’s residence on the first floor on the ground that the victim did not open the door; and (d) removed the victim’s toilet window, and invaded the victim’s residence by entering the victim’s house through the toilet window.

B. On July 11, 2016, the Defendant, at the same place around 15:00 of the same month, opened a closed toilet which was not corrected and intruded on the victim’s residence.

C. On July 15, 2016, the Defendant, at the same place around 04:40 of the same month, opened a toilet window that was not corrected after going beyond the gate, on the ground that the victim does not move, and infringed upon the victim’s residence.

2. The Defendant: (a) intruded the residence of B, such as the date and time, place specified in paragraph (1) of this Article, and as described in paragraph (1) of this Article; (b) reported that B was accompanied by the victim D (32 years of age); and (c) used the kitchen knife (20cm in length, 30cm in total length) which is a dangerous object in the kitchen, and used the kitchen knife (20cm in length, 30cm in total length), and assaulted the victim’s face by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Investigation report (limited to attachment of a list of 112 reported cases), investigation report (limited to attachment of photographs, such as kitchen and pots used by a suspect);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Criminal Act, Article 319(1) of the Criminal Act (Influence of each residence), Articles 261 and 260(1) of the Criminal Act (influence of carrying dangerous things) and the choice of imprisonment for the crime;

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

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