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(영문) 서울중앙지방법원 2014.12.04 2014고단5692

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around June 27, 2014, the Defendant violated the Punishment of Violences, etc. Act (the damage, etc. to a deadly weapon, etc.) caused the victim F (the age 25) (the age 25) of the E club located in Gangnam-gu Seoul, Gangnam-gu, to be frightened with the introduction of a man at the E club located in Gangnam-gu, Seoul, and caused the victim's house in Gangnam-gu, Seoul, at around 10:00 on the following day.

Therefore, the Defendant, along with the victim, entered the victim's house, but the victim refused to refuse to do so, purchased the victim's house through the victim's front window after the victim's house, and purchased the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knifes

On June 28, 2014, at around 13:00 on June 28, 2014, the Defendant: (a) paid one of the hackers, which is a dangerous object, for the victim’s home windows; (b) then, (c) paid one of the hackers with an estimated direct diameter of 1cm, for the purpose of minimizing noise; (d) then, (e) sent a blue tape on an external window several occasions with a hacker-kacket, which was in possession of an external window for the purpose of minimizing noise, damaged a copy of the free window of the size of 80 m

2. The Defendant violated the Punishment of Violences, etc. Act (a collective weapon, etc.) attempted to intrude upon the victim’s residence, while carrying saws and saws, which are dangerous objects, at the time and place specified in paragraph (1). However, the Defendant attempted to commit an attempted crime by hearing the victim’s secret scams and escape.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement concerning F;

1. Each statement of H, I, and J;

1. Records of seizure and the list of seized articles and photographs thereof;

1. Application of field identification reports, reports on results, and statutes governing field photographs;

1. Articles 6, 3 (1), and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Articles 366 and 319 (1) of the Criminal Act;

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

1. Article 62(1) of the Criminal Act: