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(영문) 제주지방법원 2019.11.21 2019고단806
특수주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to the illness.

1. Around 01:20 on March 27, 2019, the Defendant: (a) carried a dangerous object (11cm in length, 22 cm in length) to his/her hand, without any reason, at the time of the Victim C (Nam, 41 years old); and (b) carried a dangerous object (22 cm in length) to his/her hand; and (c) went into the house and intrudes on the victim’s residence.

2. A special intimidation: (a) without any reason, the Defendant used excessive materials, which are dangerous objects as stated in Paragraph (1), at the time and place specified in Paragraph (1); and (b) referred the victim C as “unabrupted,” thereby threatening the victim C as if it would inflict harm on life and body without opening a door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning records of seizure, list of seizure, evidence of seizure and list of 112 reported cases;

1. Relevant legal provisions concerning criminal facts, Articles 320 and 319(1) of the Criminal Act (the point of special intrusion upon residence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, the choice of imprisonment;

1. Article 10 (2) of the Criminal Act and Article 55 (1) 3 (Notification of Results of Mental Appraisal by the Director of Medical Treatment and Custody) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 committed in an unfavorable manner, without any justifiable reason, with excessive (11cm in blades, 22cm in total) that is a dangerous object, and intrudes upon the victim's residence and threatens the victim, and the nature of the crime is not weak. The defendant did not agree with the victim, and was to recover from damage.

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