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(영문) 광주지방법원 장흥지원 2018.08.09 2017고단216
특수주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a space between the defendant and the victim C (V, 30 years of age), and the victim D (51 years of age) is a neighbor.

The defendant Da close to the victim D, and knife C, which is a dangerous object that was kept in custody at the defendant's home ( approximately 34 cm in total length, approximately 13 cm in length), was found in the victim D's house where the above victims drinking alcohol.

1. On October 4, 2017, at around 13:20 on October 4, 2017, the Defendant, who intruded upon a special house, putting the knick, which is a dangerous object, in front of the house of the said victim D, E, and opened the knick and intruded into the residence of the victim.

2. Special intimidation Defendant: (a) at the same time and place as set forth in paragraph (1) of the foregoing Article; (b) the victim C entered the Defendant as an embankment for damage; (c) the door locked, a dangerous article; and (d) the hacker, “hacker and sicker; (d) the hacker’s flaf; and (e) the hacker’s flaf

In this paper, the victim was threatened by referring to "Ra".

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A report on internal investigation (in cases of attaching photographs and photographs of seized articles);

1. Application of statutes on records of seizure and lists of seizure;

1. Articles 320, 319(1) (a) and 284 and 283(1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor for a crime of special intimidation;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier special intimidation);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act for the protection and observation of the protection and the reasons for sentencing, and all the conditions of sentencing as indicated in the record and arguments, including the defendant's age, sex, environment, circumstances of the crime, and circumstances before and after the crime, the sentence shall be determined as ordered.

The elements of favorable sentencing are recognized and reflected by the defendant.

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