logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.06.26 2018고단1901
특수주거침입등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is a person who resides in the C Housing A, Dong 403, and the victim D (73) is a person who resides in the A, the upper house of which is A, Dong 503.

On May 13, 2018, on the ground that the Defendant made an objection against noise between the floors of the victim’s house located above 503 on May 13, 2018, on the ground that the Defendant held two points, which are dangerous things in both sides, and found in the victim’s house “I am, kis, and dump the floor.”

“A sound,” and the door door, the victim sent the door to the seat of the victim without permission, with one hand, brought the victim at the seat of the victim, while keeping the door to the gate, one hand, and another hand.

The defendant, together with the victim, took the face of the victim by drinking together with the victim several times, continued to bat the victim's bat on the floor, pushed the victim's bat, and taken the face in drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of reference witnesses E and F;

1. On the spot, photographs of damage, and photographs of the scene;

1. Application of the police seizure protocol and the statutes on the list of seizure;

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

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

1. According to the reasoning of sentencing under Article 48(1)1 of the Criminal Act, the Defendant carried dangerous objects and assaulted the victim’s residence, and assaulted the victim. According to the on-site photographs, the degree of assault is not less light.

In addition, the defendant has been guilty of violence and has reached several times.

In consideration of all these points, a sentence shall be imposed on the accused.

However, although the defendant denies the crime of this case, it is not against the investigation agency.

arrow