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(영문) 서울남부지방법원 2016.09.02 2016고단2020
특수방실침입등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. From around 00:30 on April 20, 2016 to 01:03, the Defendant: (a) expressed the victim’s desire to engage in violence to the victim at the head office operated by Gangseo-gu Seoul Metropolitan Government by the victim D (hereinafter “C”) that “I will throw away Do Do Do Do , Do , bad years, and fire”; (b) the victim intending to avoid this assaulted with the door door set up by the victim to shut down the door door, and obstructed the victim’s head office business by force.

2. Around 10:50 on May 16, 2016, the Defendant entering a special structure with a fire extinguisher (the height is 38cm, diameter 18cm) which is a dangerous object in front of the third floor entrance managed by the victim G, the head of which was the victim G, and entered the third floor with a room or office.

Accordingly, the defendant carried dangerous things into a structure.

3. Around 11:00 on May 16, 2016, the Defendant assaulted the victim G (the age of 43)’s title, which prevents the Defendant from citing and impairing fire extinguishers, which is a dangerous object, as described in the foregoing paragraph (2), by selling it.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, H and G;

1. Statement of each police statement related to D, H and G;

1. Written statements of D;

1. A report on investigation (a CCTV investigation into I Point);

1. Investigation report (the telephone investigation against the other party to the Seoul Southern Probation Office);

1. A photograph of a CCTV closure (related to paragraph (1) 1);

1. Photographs of CCTV images (related to crimes in paragraphs 2 and 3);

1. CCTV recorded CDs (related to paragraph (1));

1. Application of CCTV-recording data (related to paragraphs 2 and 3 of the Act and subordinate statutes);

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense (a point of interference with business), Articles 320, 319 (1) of the Criminal Act (a point of entering a dangerous structure carrying things), Articles 261 and 260 (1) of the Criminal Act (a point of assaulting carrying dangerous things);

1. The option of punishment, the obstruction of business and the crime;

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