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(영문) 의정부지방법원 2020.05.27 2019고단5753
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On September 26, 2017, the Defendant became aware of the Victim B (V, 30 years of age) around July 2019, which was about three months prior to the nationality of Cambodia, that entered the Republic of Korea as non-professional employment (E-9) sojourn status.

1. On October 5, 2019, at around 00:15, the Defendant entered a residence intrusion: (a) the victim was not subject to telephone calls; (b) the victim was in front of the victim’s house located in Namyang-si, Namyang-si; (c) the Defendant followed the window of the window of the first floor, which was opened, and went up to the victim’s house through a rail, and infringed on the victim’s house.

2. The Defendant suffered special injury: (a) knife the victim who was fluent in the inner room at the above date, at the above time, and at the above place, knife on the floor; (b) knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

3. The Defendant damaged the property by cutting off the cell phone from the victim’s cell phone in order to prevent the victim from cutting off his cell phone in order to make a 112 report at the above date and at the above place, and then destroying the cell phone equivalent to 500,000 won at the market price of the victim’s possession.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. Police seizure records;

1. A written diagnosis of injury to B;

1. Application of Acts and subordinate statutes to each photograph (Evidence records 24 through 31, 52 pages);

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a sentence (the point of intrusion upon residence, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act, Article 366 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act:

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