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(영문) 서울남부지방법원 2021.03.10 2020고정1850
특수폭행등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant who intrudes upon his residence, assaults, or damages goods on April 10, 2020, thereby hedging in this telephone by the victim B (inn, 23 years of age) who had a relationship of interest around 01:00;

In other words, the victim's residence of Yeongdeungpo-gu Seoul Metropolitan City Building D, opened the entrance, opened the entrance strongly against the victim's will in order to see the clothes, and damaged the entrance, opened the door, opened the door by hand, opened the victim's hand, and opened the victim's hand with the victim's hand, and kept the victim's simple chairs.

Accordingly, the defendant invadeds on the residence of the victim, assaults the victim, and damaged the property.

2. The Defendant, who did not comply with a special assault or withdrawal, was in the victim’s residence on May 20, 2020 at around 01:00, and the victim reported 112 on the ground of a dispute with the Defendant, and the police officer, who called up, reported 112 on the ground of a dispute with the Defendant, returned to the victim, and again reported 112 on the part of the Defendant, and did not comply with the demand from the victim to 07:00 on the same day even though he received a demand from the victim to move back.

The defendant, carrying dangerous articles, assaults the victim, and refused to comply with the request of the victim to leave.

Summary of Evidence

1. Part concerning the second statement made to the accused in the protocol of interrogation of the police officer twice against some of the accused's legal statement;

1. Application of the Acts and subordinate statutes governing the disposition of reported cases to B, each police statement protocol 112;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 260(1) of the Criminal Act (the point of assault), Article 366 of the Criminal Act, Article 261 of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of special assault), Article 319(2) and Article 319(1) of the Criminal Act (the point of refusing to withdraw), each selection of fines;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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