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(영문) 서울중앙지방법원 2016.09.01 2016고단4466
주거침입등
Text

A defendant shall be punished by imprisonment 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

around April 2016, the Defendant became aware of the Victim C (nive, 25 years of age) through “Maone Star Program,” which is a social network service, and developed into a related relationship with the victim C, and was living together with one month at the victim C’s house. However, on June 2016, the Defendant she hedgingd with one another as a first policeman.

On June 6, 2016, the Defendant: (a) placed the Victim C’s house on June 6, 2016; (b) found the house of the Victim C located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (c) opened the front seal and opened the entrance. However, the Victim C did not open the entrance.

At around 11:40 on the same day, the defendant knew that the victim C is accompanied by another male in the house, and he, with the knowledge of the fact that he was living outside the above lending wall, opened a window and entered the victim C's house.

The Defendant, who entered the victim C’s house, sees that the victim C and the victim E (ma, 23 years old) are together in the victim’s house, and sees the kitchen knife (21cm in the knife length) which is a dangerous object in the kitchen at the same location, and plays the attitude of viewing the victim E as a knife, and sound “the knife. knife. knife”.

Accordingly, the Defendant invadedd the residence of the victim C, carried dangerous objects, and threatened the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C and E;

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

1. Relevant Article of the Criminal Act and Articles 284, 283 (1) and 319 (1) of the Criminal Act, the choice of imprisonment for a crime;

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. The reason for sentencing under Article 48(1) of the Criminal Act is against the defendant's recognition of the crime, the defendant's primary offender who has no power to commit the crime, the degree of damage is not relatively heavy, and the defendant's age, character and conduct, environment, family relationship.

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