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(영문) 광주지방법원 순천지원 2019.01.17 2018고단250
특수주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant is a person who resides in subparagraph c of the building B at the time of net thousand, and the victim D (18 years of age) is a person who resides in the building E above.

At around 17:30 on December 21, 2017, the Defendant: (a) placed a knife, which is a dangerous object in the Defendant’s home, on the ground that the issue of noise between floors came to fall into building B, where the victim living in 17:30 on the ground that it came to fall into the building E, and opened a knife (m: 30cm) and intrudes the victim’s house, and continuously used the knife with the victim’s knife, and thereby threatening the victim by having the victim take flife, “I flife, flife, flife,” and “I flife, flife, flife.”

Accordingly, the defendant carried dangerous things into the residence of the victim, and threatened the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

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

1. Relevant Article 320 of the Criminal Act, Article 320 of the Criminal Act, Article 319 (1) of the Criminal Act (Special Intrusion upon Human Residence), and Articles 284 and 283 (1) of the Criminal Act (Special Intimidations and Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing of Article 48(1) of the Criminal Act requires the following factors: the criminal records of the defendant, the nature and risk of each of the crimes of this case, the circumstances of each of the crimes of this case, the intent of the victim to punish him/her, and the circumstances after the crime (the escape of the defendant).

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