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(영문) 수원지방법원 안양지원 2016.01.06 2015고단1752
특수주거침입등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. When the Defendant, on November 17, 2015, was viewed that a dog in which a dog was damaged and raised in his residence located in Mapo-si, Mapo-si, Mapo-si, Mapo-si, and around 04:30 on November 17, 2015, the Defendant: (a) thought that the dog was investigated in the instant case before the victim D (58 years) who was the neighbor, the Defendant was able to have flick the house of the Defendant, accompanied by the Defendant’s dog and removed the dog; (b) took two kitchen-cars ( approximately 30cm in total length, approximately 20cm in total, about 26cm in total length) and fingers ( approximately 26cm in total length) as well as the kitchen-car, which were the victim’s residence in E, and flick the vinyl of the vinyl-style kitchen.

In this respect, the defendant carried a dangerous object, a kitchen and a finger, into the victim's residence.

2. A special assault: (a) the Defendant entered the said victim’s vinyl at the time, at the place specified in paragraph (1) as above; and (b) came ahead of the victim’s room; (c) the Defendant took a kitchen with the above kitchen knife in the left hand, and opened the said knife into the right knife and opened the said knife with the said knife in the lock knife.

When the Defendant continued to cover with the said victim who was pushed in a diving and was pushed in his body and fighting, the Defendant felled into the bottom of the said kitchen knife, and when the said kitchen knife and the finger knife knife knife knife knife knife knife knife knife knife the face of the victim.

In this respect, the Defendant, carrying a kitchen, a dangerous thing, and assaulted the victim by carrying the kitchen and the finger.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A protocol of seizure and a list of seizure;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act and Articles 320, 319(1) (a) of the Criminal Act concerning the crime, the choice of punishment, and Articles 261 and 260(1) (a) of the Criminal Act (the point of special assault, the point of imprisonment with labor, and the choice of punishment);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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