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(영문) 부산지방법원 서부지원 2019.10.30 2019고단1013
특수주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant, as a person with a disability of grade 5, was suffering from the victim B(the age of 63) suffering from a mental disability of grade 2, which was living in the enemy adjoining neighbors, with a view to finding the victim and demanding medical treatment.

1. Around January 7, 2019, the Defendant, who entered a special residence intrusion, opened a gate, which was a dangerous object (42 cm in total length, 44 cm in length) and did not correct the place, and invaded the victim’s residence.

2. The Defendant causing special property damage refers to “the death of the victim” due to the fact that the victim entering the bank does not open the door by correcting the visit at the time, place, and inside, as described in paragraph (1). The Defendant: (a) removed the door frame of the above visit from a watch, which is a dangerous object such as as described in paragraph (1); and (b) damaged the door frame of the market that is the market owned by the victim.

3. In the case of the victim’s residence described in paragraph (1) at the time of the time set forth in paragraph (1), on the ground that the victim’s continuous request for medical treatment was only the statement that “the victim was aware of”, the victim left the body part of the victim’s head on one occasion, which is a dangerous object as described in paragraph (1), and went beyond the victim’s shoulder part by hand, and led the victim to a throst, sat, satis, satis, and satis, etc. requiring medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 320 of the Criminal Act, Article 320 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 369 (1), Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, or Article 257 (1) of the Criminal Act, which applies to the crime;

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

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