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(영문) 울산지방법원 2020.02.06 2019고단623
특수건조물침입
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 02:00 on January 24, 2019, the Defendant: (a) conspiredd the victim’s desire to do so to the Defendant; (b) threatened the victim’s desire to do so; and (c) threatened the victim with “the victim’s “the foregoing funeral will not be rendered”; and (d) opened and intruded the side of the drinking house, which is a dangerous object stored in the Defendant’s residence ( approximately 23 cm in total length, approximately 12 cm in length).

Accordingly, the defendant carried dangerous things and intruded on the structure managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on police seizure records;

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. Although the punishment for the crime committed during the period of the suspension of the execution of reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act does not be light due to the crime committed during the period of the suspension of the execution of punishment, the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the defendant's age, health conditions, environment, motive and circumstances of the crime, etc., the fact that the victim complains against the prior wife, the victim has no previous conviction, and

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