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(영문) 인천지방법원 2015.03.26 2015고단797
상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 29, 2014, the Defendant was sentenced to a suspended sentence of two years on November 6, 2014 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the Incheon District Court (a person who was sentenced to a suspended sentence of two years on November 6, 2014

【Criminal Facts】

The defendant is a person with habitability to peep the inside of another person's house through a window at the time of drinking.

1. On September 15, 2011, around 01:30 on September 15, 201, the Defendant, entering a residence, was in front of the house of the victim D (n, 40 years of age) located in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, and went to a room where the victim was locked by opening the door of the living room and entering the victim’s house.

Accordingly, the defendant invadedd the victim's residence.

2. The injured Defendant, at the date and time and place indicated in paragraph 1.(1), was able to play a pipe of the victim, and had the victim kisced by “Insium”, and tried to escape from the victim’s hand, who had been frightened by the Defendant’s hand.

However, when the victim was placed on the defendant, and the victim was asked for the loss, the victim's loss was removed, and the victim's face was removed, and when the victim's face was taken once, the victim was injured by opening the right-hand door, damage to flachi, etc. which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. An investigation report (affixing a search report, etc. on the results of comparison with DNA);

1. A medical certificate;

1. Previous records of judgment: Application of Acts and subordinate statutes related to criminal records, reference reports (A), investigation reports (informating records, copies of judgments, etc.);

1. Article 257 (1) and Article 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, the accused with reasons for sentencing in the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act shall be rape, injury, etc.

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