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(영문) 인천지방법원 2016.01.28 2015고단6101
특수주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

"2015 Highest 6101"

1. On September 19, 2015, at around 11:18, the Defendant, who intrudes upon a special residence, entered the said residence through a door that carried a dangerous object (19cm in length on the blade) that was prepared in advance, without any reason, and did not correct, in front of the entrance door 503, the residence of the victim D (74 cm) located in Jung-gu Incheon Metropolitan City, Jung-gu.

“A” has reached a single knife knife with an empty knife, which is a dangerous object from the horse to the horse.

In this respect, the defendant carried dangerous objects and assaulted the victim.

On September 18, 2015, the Defendant, from around 19:20 to around 19:40 on the same day, she took a bath to the store passage without any justifiable reason at the Nam-gu Incheon Metropolitan City F and the victim G operated by the victim G on the first floor, and made his/her employees take a threat of drinking and burning, and caused his/her customers to take a disturbance, such as raising his/her cell phone in the store, and raising his/her house with his/her cell phone in the store.

Accordingly, the Defendant interfered with the victim's mobile phone sales business by force.

Summary of Evidence

[2015 Highest 6101]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A list of seized articles and photograph of seized articles (2015 high class 6479);

1. Statement by the defendant in court;

1. A written statement of the G victim;

1. Application of Acts and subordinate statutes to a investigative report (CCTV viewing report);

1. Article 320, Article 319 (1) of the Criminal Act (Special Intrusion into Residence, Selection of Imprisonment), Article 261 of the Criminal Act (Special Assaults, Selection of Imprisonment), Article 260 (1) of the Criminal Act concerning the facts constituting an offense (a point of assault, point of assault, and choice of imprisonment)

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. Article 62(1) of the Criminal Act of the suspended execution (the fact that the instant crime is recognized and reflected, and the damage is relatively minor.

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