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(영문) 서울동부지방법원 2020.10.22 2020고단2066
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 living in the Seoul Special Metropolitan Gwangjin-gu B Gowon C, and the victim D (ma, 65 years of age) is a person living in the above Gowon E, and two persons were aware of it.

1. Around 01:00 on March 22, 2020, the Defendant was trying to open a entrance when the victim was living in the above B Gowon E, but the door was set up in excess at the room where the Defendant was living in, and opened and opened the above E door door.

Accordingly, the defendant invadedd the victim's residence.

2. In the case of a special injury, the Defendant, at the date, time, place, and place of the above Paragraph (1) above, and on the ground that the Defendant refused by the victim to add Korean language to the victim, the Defendant left the victim’s left hand, suspended the loss of the victim who was engaged in under the above Item (1) in transition (10.5cm in the blade, 10.5cm in the total length, 20cm in the total length, 10cm in the blade, 20cm in the length).

As a result, the defendant, with dangerous things, put the victim in an aesthetic room for treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigative report (Attachment of photographs of the injured part of the victim), investigation report (Attachment of 112 Report List of Reporting Cases);

1. Relevant Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act (a point of special injury), Article 319 (1) of the Criminal Act (a point of intrusion), the choice of imprisonment with prison labor for the crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant committed the crime of this case by the defendant, who inflicted an injury on the victim's fingers with excessive roads, and the nature of the crime is bad, and circumstances favorable to the defendant that have been committed one time by violence: the defendant.

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