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(영문) 의정부지방법원 2018.01.23 2017고단4650
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than five months.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

1. On May 26, 2017, the Defendant entered into a lease agreement with the victim C on the rooftop room among D buildings in Southyang-si, where the victim C uses as a residence, with respect to the lease deposit of KRW 5 million, monthly rent of KRW 350,000,000, monthly rent of KRW 350,000, June 30, 2017 to June 29, 2019.

However, although the Defendant had lost the ability to discern things or make decisions due to the on-site illness, the Defendant had not yet been paid KRW 4.5 million, most of the lease deposits from around 11:00 to 12:00 on June 23, 2017, and even before the expiration of the lease term, the Defendant infringed upon the Defendant’s residence by entering the above rooftop room without permission of the victim following the death of the victim and making a living in the household room.

2. Special violence;

A. On June 23, 2017, when the Defendant had no capacity to discern things or make decisions due to the on-site illness, the Defendant assaulted the victim C (56 tax) who was aware of the Defendant’s unauthorized intrusion at the above-house room on June 19:20, 2017, stating, “When she entered the south’s house, she is an illegal intrusion, she is a fluorcing.” The Defendant used a knife ( approximately 33 cm in total length, approximately 20 cm in length) which is a dangerous object in the on-site room of the on-site embankment, and used a knife to put the victim’s knife with the left hand, as she did with a knife.

B. The Defendant attempted to talk with the victim E (69 years) by a private person acting as a real estate broker for assistance who was requested by the above C at around 21:20 on the same day when he/she had the ability to discern things or make decisions due to his/her on the same day when he/she had the ability to discern things or make decisions due to his/her on the same day.

“The knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knife knife with

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness C and E;

1. Statement made by the police with regard to F;

1. The police;

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