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(영문) 창원지방법원 2014.11.25 2014고단1675
야간주거침입절도등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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

1. On March 27, 2014, around 20:30, the Defendant entering a residence was in the victim D’s residence located in the window C of Changwon-si, and the Defendant waiting for the victim to set a claim with the previous victim, waiting for the victim to set up the claim, and entered the inside of the victim’s residence by opening a window and opening open windows.

2. On March 27, 2014, the Defendant stolen the victim’s temporary entrance, having one of the keyss to the unfolded entrance at the market price owned by the victim, which was raised at the victim’s residence above the victim’s D.

3. Injury;

A. On March 28, 2014, the Defendant found the victim’s residence above the victim D and took a bath to the victim under the influence of alcohol, and assaulted the victim, such as the victim’s two arms and rear neck, etc., with the victim’s injury to the number of days of treatment.

B. On April 25, 2014, at around 01:15, the Defendant found the victim’s residence above the victim D, brought the victim into the victim, brought the victim’s face and hand, etc., and committed assault, such as the victim’s face and hand, and led the victim to an unexplosion in the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement concerning D;

1. The defendant and his defense counsel asserted to the effect that the act described in Paragraph (3) of the defendant's judgment constitutes self-defense, as it is for the defense of an unlawful attack against the defendant by the victim. However, in light of all circumstances such as the process, process, purpose, means, degree of assault, etc. of each of the crimes of this case, the defendant's act cannot be deemed as merely a passive resistance against the victim's wrongful attack, and thus, it cannot be viewed as self-defense. Thus, the above argument by the defendant and his defense counsel cannot be accepted.)

1. Relevant Article 319(1) of the Criminal Act concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), and the Criminal Act;

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