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(영문) 제주지방법원 2020.10.22 2020고단1827
특수주거침입
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on May 13, 2020, the Defendant asserted that the Defendant did work with the victim B, and that he did not know to each other, and that he did so to each other.

피고인은 2020. 5. 13. 04:44경 위와 같은 다툼에 화가 나 피해자에게 항의하기 위해 자신의 집에 들려 위험한 물건인 식칼(총길이 30cm, 날길이 18cm)을 신문지로 싼 후 위 식칼을 소지한 채 제주시 E에 찾아가 열린 공동 출입문을 침입하여 피해자가 거주하는 위 E F호 현관 앞에서 욕설을 하며 발과 주먹으로 출입문을 수회 두드리고 걷어찼다.

Accordingly, the Defendant infringed upon an officetel in which the victim resides with dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary submission of the police statement concerning B, the protocol of seizure, the certificate of seizure, the list of seizure, the list of seizure, the investigation report, the photograph of the seized articles, the internal investigation report ( telephone conversations with the victim B), the investigation report (site of the case and the investigation of the victim) and the application of statutes governing field photographs;

1. Relevant Article 320 of the Criminal Act, Articles 320 and 319 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. On the grounds of sentencing under Article 48(1) of the Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and the defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as set forth in the text.

The crime of this case is an intrusion upon an officetel in which the victim resides, carrying a knife (30 cm in total length, 18 cm in daily length), which is a dangerous object, and the nature of the crime is not less than that of the crime, the defendant was unable to agree with the victim and does not endeavor to recover from damage, and circumstances that are favorable to the defendant's previous convictions of violence: The defendant is against the charge, and the defendant is fined.

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