(영문) 수원지방법원 2020.06.05 2019고단8468

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(영문) 수원지방법원 2020.06.05 2019고단8468

특수주거침입

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

At around 23:19 on December 19, 2019, the Defendant used a knife (17cm in blade, 29cm in total length) in order to request the victim D to continue to communicate, and entered a knife in front of the victim's house door on the 111st floor of the building through the joint signature of the above joint signature of the knife in order to demand the victim D to continue to communicate with the knife-gu B apartment zone C Dong-dong on the 111st floor of the building, and intruded the victim's residence with dangerous objects, such as drinking alcohol from the hallway of the 111st floor of the building.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The application of Acts and subordinate statutes to report internal investigation into police seizure records and criminal investigation reports;

1. Articles 320 and 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The crime of this case committed for the reason of sentencing under Article 48(1)1 of the Criminal Act refers to the crime of this case committed by the defendant with a knife and the victim's apartment house, thereby impairing the victim's residence by opening up the door of the victim's dwelling room, taking a knife the body of the victim's dwelling, drinking in the stairs, etc. through the joint entrance of the apartment where the victim resides.

It is clear that the defendant's act causes significant harm to the peace of the victim's residence. However, although the defendant saw the knife under the influence of alcohol at the time, it seems that the knife was placed near the knife at the time of the above act, and that the defendant's confession and reflects the above act, and the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., the punishment shall be determined as ordered in consideration of all the sentencing circumstances, such as the defendant's age, character and conduct

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