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(영문) 광주지방법원해남지원 2020.10.14 2020고합21
특수주거침입등
Text

A defendant shall be punished by imprisonment for one year.

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

On April 6, 2020, the Defendant issued a summary order of KRW 1 million on June 5, 2020, on the grounds of the following: (a) around 18:20, the Defendant damaged the entrance of the said restaurant by bricks around the restaurant operated by the Victim C (Nam, 65 years of age) (hereinafter “C”), which was issued a fine of KRW 1 million on the grounds of special property damage and assault in the Gwangju District Court’s Maritime Branch support.

1. Around June 8, 2020, the Defendant entered a special residence intrusion, around 21:30, when he was issued a summary order as above, went back to the front of the present door through a gate, where he was in possession of kacks ( approximately 21cm in length, approximately 9cm in length of the entire knife), which is a dangerous object in the mind of threatening the victim, on the ground that he was issued a summary order.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) showed the attitude that the Defendant threatened the victim with any harm to the body of the victim by stating that jacknaf, which is a dangerous object in possession of kn's money for the same reasons as the date and place stated in the above “1” clause, and that kn't kn't kn't kn't, which is a dangerous object in possession of kn's money

As a result, the defendant threatened the victim for the purpose of retaliation against the provision of a criminal investigation team such as criminal complaint or accusation, statement, testimony or submission of data in connection with his/her criminal case investigation or trial.

Summary of Evidence

1. Application of the summary order of the police statement of the victim C, the copy of the indictment, the list of seizure and criminal records of seized articles, and the statutes concerning criminal records of seized articles;

1. Article 320 and Article 319(1) of the Criminal Act related to the relevant criminal facts, Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 283(1) of the Criminal Act concerning the criminal facts (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

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