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(영문) 창원지방법원 진주지원 2018.08.21 2018고단650
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 11, 2018, the Defendant infringed upon the residence of the victim C (n, 35 years of age) in Sacheon-si, Sacheon-si, and did not open the entrance door to the Defendant, who was found under the influence of alcohol by the victim, but did not open the entrance. The Defendant cancelled the locking system of the said entrance and intruded on the said residence by using a water-free method, with the password of the corrected entrance installed.

2. Special intimidation Defendant collected knife a knife (29.5cm in total length, 18cm in knife) which is a dangerous object that had been on the scambling cling at the place where the Defendant scam back to her house “if she had done so, she would have done so, she would have taken away from her house” at the above time and at the above place, and knife a knife of the victim’s chest.

"Along with the attitude of posing any harm to the life and body of the victim", the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Article 319(1), Article 284, and Article 283(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes - Reasons for sentencing: Unfavorable circumstances (influence to residence, special intimidation), previous convictions at least two times of suspended execution, and repeated circumstances of the same crime - Circumstances favorable to the punishment, confessions of crimes, and reflects;

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