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(영문) 수원지방법원 평택지원 2017.09.14 2017고단1573
특수주거침입등
Text

A defendant shall be punished by imprisonment for not more than ten 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 c(n, 75 years old) has been able to flick up the access road on the land of the victim who was connected to the defendant's house in order to cause inconvenience to the passage, and there has been a mutual dispute.

1. Around May 27, 2017, the Defendant: (a) around 13:35 on May 27, 2017, the Defendant had the victim accumulated a Gemanium in the roadside; and (b) when having taken away the victim’s cell, he saw the cell as a thing dangerous to the house of D victim C, and went back to the victim’s cell, and his father and wife got the victim’s cell.

Accordingly, the defendant invadedd another's residence with dangerous things.

2. In around 14:55 on August 4, 2017, the Defendant: (a) intrusion upon residence; (b) the Defendant was in front of the Victim Category C house in Ansan-si; and (c) the Defendant opened the gate, opening the gate to force the Victim E (the age of 21) by strongly pushing the Victim E; and (d) breaking the Victim E on the floor, cutting the Victim E into the floor, cutting the flobbing, making the Victim E, and drinking the flobing the face and body flow of the Victim E; and (c) the Victim’s head and body was flobed by drinking the Victim C; and (d) the Victim’s head was flobing and flobing the arms in need of treatment for about 10 days; and (e) the Victim C suffered bodily injury, such as double and flobing damage, etc. requiring treatment for about 7 days between 7 days and flobing injury, etc.

Accordingly, the defendant invadedd another person's residence and inflicted an injury on the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, C, and F;

1. Application of Acts and subordinate statutes to the parts of damage, on-site photographs, photographic materials, and each injury diagnosis report;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 320 and 319 (1) of the Criminal Act concerning the choice of punishment (elective of imprisonment), Article 319 (1) of the Criminal Act (elective of imprisonment with prison labor) and Article 257 (1) of the Criminal Act;

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

1. The following circumstances are the reasons for sentencing under Article 62(1) of the Criminal Act.

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