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(영문) 대구지방법원 포항지원 2021.02.17 2020고단1420 (1)
특수건조물침입
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 1, 2020, the Defendant, at around 04:30, placed the victim C(51)’s wife located in Ulleung-gun B, U.S. around 04:30, performed drinking in the “D” restaurant operated by the victim’s wife and clothes prior to drinking. The victim, who was found the above restaurant, was able to intrude into the above restaurant in order to find his clothes and cell phoness that did not have the address and cellular phones, and infringed upon the victim’s building by carrying dangerous things inside the restaurant through the open entrance of the above restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Occurrence of, reporting on the detection of, and on-site photographs of, an accident suspected of bodily injury or special intrusion;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Articles 320 and 319 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the motive and background of the crime, circumstances after the crime, the victim’s non-appellant of the punishment, the Defendant’s history of the punishment, and reflectivity, etc.

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