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(영문) 의정부지방법원 2019.10.25 2019고단3581
특수주거침입등
Text

A defendant shall be punished by imprisonment for six 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

1. On August 16, 2019, when the victim C (the age of 49) was living in Macheon-si B around 11:00, the Defendant entered a special residence, in order to resist the disposal of the land owned by the clan, the victim’s attached D went to the ward through the victim’s house entrance, which was kept by putting excessive one watch, which is dangerous goods, into the inner franchis, and did not correct it.

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

2. 특수폭행 피고인은 제1항 기재 일시, 장소에서 미리 소지하고 있던 위험한 물건인 위 과도를 꺼내어 손에 들고 피해자에게 “너희들이 종중 땅을 다 팔아쳐먹었다”고 말하면서, 과도를 손에 쥔 채로 주먹으로 피해자의 얼굴과 머리 부분을 5~6회 때리고, 오른발로 피해자의 머리와 어깨 부분을 3~4회 걷어차고, 그곳 부엌에 있던 부엌칼을 찾아 꺼내들고 피해자를 쫓아가는 등 폭행하였다.

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

Summary of Evidence

1. Examination of the suspect's interrogation of the accused in the court's statement;

1. A written statement of the victim C;

1. Application of Acts and subordinate statutes to photograph physical damage;

1. Relevant provisions of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (the point of special violence), Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for a crime;

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. Probation and community service order, order to attend lecture, the range of recommending punishment according to the sentencing guidelines for the sentencing of Article 62-2 of the Criminal Act - The first crime: Special Violence (Type 6) in the mitigated area (limited to imprisonment between February and February 1, and special mitigation factors: not to punish) - The mitigated area (limited to imprisonment between February and one year, and special mitigation factors): the mitigated area (limited to punishment for two months and one year, and special mitigation factors): the mitigated area (limited to punishment for two months and one year) of intimidation.

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