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(영문) 대구지방법원 경주지원 2017.08.17 2016고단985
특수주거침입등
Text

The sentence of sentence against the defendant shall be suspended.

A number 1 (one tree motter) per annum in the total list of seized objects shall be confiscated.

Reasons

Punishment of the crime

On November 11, 2016, the defendant's wife was omitted before the victim D's divorce, and the victim D was found at the parent of the defendant around November 23:40.

The complaint against the disturbance was raised, and the victim's residence was found under the influence of alcohol.

1. On November 12, 2016, at around 18:40, the Defendant, who intrudes upon a special residence, collected one of the tree mons (18cm in length, 18cm in thickness) which are dangerous objects in the neighborhood, and installed a correction device by dividing the password known through a female son, and then entering the front door of the victim D’s residence before the victim’s dwelling, and intrusion upon the victim D’s residence.

2. The Defendant damaged a special property by cutting off the entrance door of the said D at the time and at the place specified in paragraph 1, and destroying the 6,30,000 won of the repair cost by cutting off the entrance door and outer wall owned by the son of the said studio in the studio on the wooden mone, which is a dangerous object, and the f30,000 won of the repair cost.

3. The Defendant: (a) destroyed the victim’s residential entrance door of a tree monin, which is a dangerous object, at the time and place specified in paragraph (1); and (b) destroyed the victim D’s dunes; (c) the victim d.

The death shall be discarded.

The victim expressed his attitude that " was likely to inflict any harm on the life and body of the victim D" and threatened the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning search and seizure, report on the occurrence of a case, such as the total list of seized articles, special property damage, etc., report on seizure, list of seizure, list of search and seizure, report on investigation (where G building 202 causes damage to the scene, details of seizure of molass, which is a deadly weapon, attached to the report

1. Relevant legal provisions of the Criminal Act and Articles 320, 319(1) (a) of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 369(1) and 366 of the Criminal Act (special damage).

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