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(영문) 대전지방법원 2016.11.24 2016고단3174
특수주거침입등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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 and the victim B (n, 51 years of age) are between the two.

1. Around June 7, 2016, the Defendant, who entered a special residence, destroyed the glass door with a dangerous object that he/she was in possession (aro 21 cm, 63 cm) and invaded the victim’s residence. Around June 7, 2016, the Defendant invadedd the victim’s residence.

2. The Defendant destroyed special property by destroying the above victim’s market price at KRW 5,916,00, a glass window, and a fireproof powder, which are dangerous objects in possession, at the time, place, and at the time and place specified in paragraph 1, and are dangerous objects in the above farm.

3. Special intimidation: (a) the Defendant, with the date, time, place, and place described in paragraph (1), sees the victim as well as harming the victim, who was in his possession of a dangerous object, and expressed the victim’s attitude of having expressed that he would have any harm and injury to the victim’s body.

4. The Defendant injured the victim by a special injury: (a) the victim’s head was fluence once, and (b) the victim’s head was fluenced, which is a dangerous object in possession, at the time, place, and at the time and place indicated in paragraph (1); and (c) the victim was fluenced by brain-dead, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. B written statements;

1. Records of seizure and the list of seizure;

1. A complaint;

1. Reporting on the arrest of a case;

1. Each investigation report (No. 2, 3) and investigation report - Annex toCCTV images;

1. A written diagnosis of injury;

1. Written estimates and written estimates (No. 66, 67 No. 5 of the investigation records);

1. Application of the provisions of Acts and subordinate statutes to field photographs, instruments seized and divershograph photographs, and parts and photographs of the victim's body;

1. Relevant provisions of the Criminal Act and Articles 320, 319(1) (a) of the Criminal Act regarding criminal facts, the choice of a sentence, Articles 369(1), 366 (a) and (b) of the Criminal Act, Articles 284 and 283(1) (a) of the Criminal Act, and the choice of a sentence;

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