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(영문) 창원지방법원마산지원 2020.10.07 2020고단726
특수주거침입
Text

A defendant shall be punished by imprisonment with prison labor for four 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 22:50 on June 28, 2020, the Defendant was in front of the Victim C’s house (the second floor) located in Changwon-si, Changwon-si B, and the Defendant was parked in front of the Defendant’s house, and the mother of the Defendant turned down the victim’s vehicle in front of the Defendant’s house, and exceeded vaddi, which is a dangerous object, knife knife (the total length of 31cm, 20cm length of knife) and knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the list of seizure, field photographing statutes;

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. The prosecutor’s opinion of the reason for sentencing under Article 62-2 of the Criminal Act of confiscation order under Article 62-2 of the Criminal Act: Imprisonment with prison labor for a period of eight months (excluding incidental sentences): the prison labor for four months; the suspended execution of two years; and intrusion upon neighbor’s residence by using a knife in the caric book, etc.

The victim was not aware of.

However, the defendant stated that he is aware of and against the facts of crime.

In addition to the knife, it seems that there is no behavior such as threatening.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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