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(영문) 대구지방법원 서부지원 2014.10.17 2014고단1272

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 26, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective weapon, etc.) went to the house of the victim C (n, 48 years old) located in Daegu-gu Seo-gu, Daegu-gu, Seoul-gu, about 08:15 on June 26, 2014, the Defendant went to the house of the victim by opening a knife, which is a dangerous object, on the ground that reporting to the police as an injury to the victim was caused by the injury to the victim, and going to the inside of the victim’s house by keeping the knife door in his/her hand.

Accordingly, the defendant infringed upon the victim's residence while carrying dangerous objects.

2. The Defendant damaged the property at the time, place, as described in paragraph (1), to the extent that the amount equivalent to KRW 70,000 per time of repair cost, putting the front door, which is the victim’s own interest, was broken, due to the foregoing reasons.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Destroyed glass photographs, and kniven photographs possessed by the suspect;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a receipt for repair of damaged articles);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 319 (1) of the Criminal Act, Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of any record of punishment, other than once a fine, the degree of damage, the health conditions of defendants, etc.);