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(영문) 수원지방법원 2018.03.30 2017고단7573
특수주거침입등
Text

A defendant shall be punished by imprisonment for six 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

As the Defendant did not receive the daily wages sealed from the victim B (56 years of age), he thought that he did not receive the victim’s wages, and found in the victim’s house to threaten it.

1. On October 10, 2017, at around 03:40, the Defendant, who intrudes upon a special residence, entered the victim’s house through a gate with a knife (33cm in total length, 21cm in knife) which is a dangerous object, prepared in advance and kept in the house of the victim in Suwon-si C, and went into the victim’s house and inside the house, and intrudes on the victim’s residence.

2. A special intimidation: (a) the Defendant: (b) threatened the victim with a knife knife that is a dangerous thing at the time and place specified in the foregoing paragraph 1; and (c) threatened the victim with a kn

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement in B and D preparation;

1. Police seizure records and list of seizure;

1. Investigation report (to hear statements by victim B telephone);

1. Application of field photographs and seized blades Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Articles 320, 319 (1) (Special Intrusion upon Residence) of the Criminal Act concerning the crime, and Articles 284 and 283 (1) (Special Intimidation and Selection of Imprisonment with prison labor) of the Criminal Act;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act of the Aggravation of Minority Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Confession, reflectment, and Non-existence of Punishment);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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