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(영문) 부산지방법원 2020.11.05 2020고단3355
주거침입등
Text

A defendant shall be punished by imprisonment for six 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 resides in Busan Dong-gu B, and the victim C (ma, 59 years old) is a person who resides in D.

On July 10, 2020, the defendant argued with the victim that the water tank piping installed in the victim's residence is installed in the direction of the defendant's residence, and the rainwater exceeding the above water tank flows into the victim's residence.

1. On July 17, 2020, the Defendant, at around 19:00, infringed upon the victim’s residence by opening a bend door, which was not locked and entering the 3rd floor, which was set up on the part of the victim’s residence located in the Busan East-gu, through a door installed in the area of the victim’s residence, in order to resist the water tank pipe as above.

2. Around 19:00 on July 17, 2020, the Defendant used 200cm (the total length of 20cm) with the cell bed of the victim’s residence, and used the cell bed of the victim’s shoulder with a lush hand, and pushed the above cell bed against the victim’s part of the ship.

Accordingly, the defendant, carrying dangerous objects, and assaulted the victim by carrying the above batteries.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Application of the Acts and subordinate statutes to cell cells photographs and cell photographs of suspect C damaged parts;

1. Relevant Article 319(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment, respectively;

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. Although there was no agreement with the victim on the reason of sentencing in Article 62-2 of the Probation Criminal Act, the defendant is against the defendant, special violence seems to be contingent, pipes, etc. which caused the dispute have been removed, and the defendant was sentenced to a fine once around 1997.

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