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(영문) 인천지방법원 2014.01.09 2013고정2787
주거침입등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 17, 2013, at around 23:10, the Defendant entered the house of the victim D (n, 46 years of age) located in Gyeyang-gu, Gyeyang-gu, Incheon, Gyeyang-gu Dr. 102, for the reason that the victim would take the part of himself/herself, the Defendant: (a) opened the house of the first floor in the 1st century; and (b) intruded the victim’s residence.

2. In the date and time set forth in Paragraph 1, at the place, the injured Defendant 2: (a) knife the fat of the victim D’s breath for the said reasons; (b) knife the fat of the victim D’s knife in hand; and (c) flife the victim’s head, flife the victim’s head, flife his body, and flife the victim’s face with another hand; and (b) flife the victim’s face by drinking the victim’s face.

3. The Defendant committed assault to the victim with a quito, who was able to sphere the brea at the time and place mentioned in paragraph (1) above, with the hand of flabing the balth of the victim, and was able to sphere the bal at the victim E (the age 42).

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. A written diagnosis of injury (investigative records, No. 44 pages);

1. Application of photographic Acts and subordinate statutes, such as suspect E-damage photographs, damaged parts for the submission of victims;

1. Article 319 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, which applies mutatis mutandis to the relevant criminal facts, the choice of a sentence (the point of intrusion), Article 319 (1) of the Criminal Act, the choice of a fine for negligence;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. 가납명령 형사소송법 제334조 제1항 피고인 및 변호인의 주장에 대한 판단 피고인 및 변호인은 피고인이 피해자 E의 멱살을 잡아 흔들고 손톱으로 위 피해자의 손등을 할퀸 사실이 없고 가사 위...

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