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(영문) 부산지방법원 2017.06.14 2017고단458
주거침입등
Text

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

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

Reasons

Punishment of the crime

[2017 Highest 458] On July 29, 2016, the Defendant infringed upon the victim C’s residence located in the Northern-gu, Busan Metropolitan City on a 04:40 on July 29, 2016, and opened the 2nd floor through stairs, and then opened the gate in front of the entrance, thereby impairing the peace of residence.

[2017 Highest 1097] The Defendant is a person who is engaged in driving a DNA car.

around 22:00 on December 16, 2016, the Defendant came to turn to the left the front road of F in Busan Northern-gu, Busan, the direction of the Shin Young-gu Agricultural Cooperative.

In such cases, a driver of a motor vehicle has a duty of care to care in advance to prevent accidents by accurately operating and safely operating the steering and steering gear of the motor vehicle.

Nevertheless, in order to make a left-hand turn by neglecting this, the Defendant was faced with a victim G (V, 32 years old) who was stopped later by the Defendant’s driver while waiting at the front of the vehicle and going back to the left at a distance from the vehicle in the front of the road.

As a result, the Defendant: (a) caused the victim G on board the damaged vehicle due to the above occupational negligence to suffer the right shoulder of the upper part, the upper part of the upper part of the arms and the upper part of the arms, and (b) caused the victim I (58 years old), who was on board the damaged vehicle, to suffer about two weeks of treatment; (c) damaged the right shoulder of the damaged vehicle, which requires approximately 362,00 won of repair; and (d) escaped without taking necessary measures, such as providing relief to the damaged person by immediately stopping the vehicle.

Summary of Evidence

1. The defendant's legal statement [2017 order 458];

1. Statement by the police with regard to C [2017 senior group 1097]

1. A written statement of the occurrence of G traffic accidents;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 319(1) of the Criminal Act (the point of intrusion upon residence) and Article 319 of the same Act concerning the facts constituting the crime.

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