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(영문) 전주지방법원정읍지원 2020.09.17 2020고단362
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

The defendant and the victim B are adjoining relationships in the C Village area and the lower village area.

1. Around June 11, 2020, the Defendant: (a) was at the time of the victim’s house located in Jung-gu, Jung-do; (b) on June 11, 2020, on the ground that he asserted and opposed to the ownership of the land in the construction of the water supply pipes supervised by Jung-gu, Jung-gu; and (c) entered the said victim’s house with excessive possession of dangerous objects; (d) went into the said victim’s house; and (e) infringed upon the victim’s residence, such as cutting down and cutting down the entrance.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

2. The Defendant causing property damage, while having opened the entrance at the time and place as stated in paragraph (1) by hand, laid plastic door at the window, and destroyed the shock net so that the repair cost is KRW 60,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on internal investigation (the current status, etc. as at the time of appointment at the site);

1. On-site photographs;

1. CCTV images, photographs and CDs;

1. Application of Acts and subordinate statutes to investigation reports (related to materials submitted by suspects, and to the collection of victims);

1. Relevant legal provisions concerning facts constituting an offense, Articles 320, 319 (1) and 366 of the Criminal Act that choose a penalty, Articles 320, 319 (1) and 366 of the Criminal Act, choice of imprisonment with prison labor and choice of imprisonment with prison labor;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes with the punishment determined for a crime of special intrusion with heavier special residence);

1. Article 62 (1) of the Criminal Act;

1. The circumstances leading up to the crime of sentencing under Article 62-2 of the Criminal Act (the fact that there is a dispute over the construction work of the water supply center against the victim), risk (the fact that the victim gets knife with the knife and knife and knife with the victim without having to attend the door) and the fact that the water supply center construction is completed with the cooperation of the landowner, and there is no same criminal records.

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