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집행유예
(영문) 제주지방법원 2015.6.10.선고 2015고단512 판결

주거침입,폭력행위등처벌에관한법률위반(집단·흉·기등협박)

Cases

2015 Goand 512 Violation of the Punishment of Violence, etc. Act (collectives and ples);

Aeronautical Intimidation)

Defendant

○○ Kim (1976years) (1976), daily worker

Prosecutor

The head of a court shall hold a public trial in the form of amusement (prosecution) and in the form of a criminal trial.

Imposition of Judgment

June 10, 2015

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. Intrusion upon residence;

Around 04:00 on January 1, 2015, the Defendant did not throw away sweld even after he she was frighted with the strong ○○○○○○ (n, 36 years of age) for a female-friendly job frighter, and the victim’s house in front of the victim’s house located in Jeju City-si 14-ro 7:00, changed the front swelve number and divided the front swelves into the victim’s house. However, the Defendant invadedd the victim’s residence by entering into the house through the window, where the wall is installed after the building, which had no reaction.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.);

The defendant caused the victim's strong ○○ at the home of the victim's strong ○○ as stated in paragraph (1) and then caused the victim's business damage to the victim by 's 's collapse'. However, the defendant again took responsibility for 'the victim', but rejected 'the victim', 'the first prepared 'the Round business' is responsible for the business and human life prepared by 'the victim by taking away the pesticide disease in advance', and showing 'the victim's 'the 'the 'the Round business' is responsible for the 'the business and human life.

Accordingly, the defendant carried an agrochemical disease, which is a dangerous thing, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement by the police on the ○○;

1. Relevant photographs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 319(1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act (the point of threatening to carry dangerous articles)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

The sentencing guidelines set forth in the sentencing guidelines in consideration of the scope of the recommended sentence [the scope of the sentence [the crimes of violence, intimidation (special intimidation for habitual and repeated crimes), types 4 (special intimidation), the base station, six months to one year and six months] and the following circumstances:

○ favorable circumstances: The fact that the facts of the crime are recognized as a substitute and reflected, and the fact that the victims have agreed smoothly with the victim;

There is no power of criminal punishment heavier than a fine;

○ Unfavorable Circumstances: The features of the crime are not good in light of the motive of the crime and the method of the crime.

○ Other: Defendant’s age, character and conduct, environment and circumstances before and after committing the crime.

Judges

Freeboard Kim