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(영문) 수원지방법원 안양지원 2019.03.12 2018고단1834
특수주거침입등
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

1. On September 19, 2018, the Defendant: (a) around 02:37, and around 02:37, the Defendant: (b) took a hack pipe (90cm in length) which is a dangerous object in the vicinity of the Smarket in Ansan-si C, without any justifiable reason, around September 19, 2018; (c) lowered the right-hand door of the D low-speed car, which is parked in the vicinity, owned by the victim B; and (d) destroyed the flaf cost of repairing, to the extent that 30,000 won were damaged.

2. Special intrusion upon a victim E, and special property and damage to victims E;

A. A. Around 02:45 on the same day as described in paragraph (1), the Defendant entered the victim’s residence by taking the hacks parked next to the wall, and carrying the hacks, which are dangerous articles, at the victim E’s house located in Mayang-gu, Annyang-si, Annyang-si, Annyang-si, with the aforementioned hacks carried the hacks, and invaded the victim’s residence.

B. Around 02:55 on the same day as described in paragraph (1), the Defendant: (a) went beyond the wall and opened the door several times; (b) however, the Defendant: (c) cut down the glass windows adjacent to the front door two times, which are dangerous objects that the victim would not open the door; and (d) damaged the victim’s free windows worth KRW 200,000,000, market price of Chapter 2, the free windows owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement G and B;

1. Seizure records;

1. Application of the Acts and subordinate statutes concerning photographs, such as site photographs, site photographs, etc.;

1. Article 369 (1), Article 366 of the Criminal Act concerning the facts constituting an offense, and Articles 320 and 319 (1) of the Criminal Act (the point of special intrusion) (the choice of imprisonment for life);

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. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that even though the defendant was punished by a fine for the crime of destroying and damaging property in 2018, he/she again commits the instant crime and has a record of criminal punishment not for the same criminal record but for several times.

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