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(영문) 대전지방법원 천안지원 2015.06.09 2015고단610

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 1, 2013, the Defendant had been living together with the victim C (V, 49 years of age). However, around January 1, 2015, the Defendant became aware of the fact that the victim was living in Dong-gu 305 (hereinafter referred to as the "victim's house") of Dong-dong 305 (hereinafter referred to as "Yanan-dong 305").

On April 14, 2015, the Defendant was found to be a visiting engineer at the victim’s home, and delivered kins and flowerss to the victim. However, the Defendant refused to do so and told the victim to visit other places by having the safety of the children in the home.

1. At around 11:00 on April 15, 2015, the Defendant, even though the victim had already expressed his/her intent that he/she would not want to take the Defendant at the victim’s house, he/she infringed upon the victim’s residence in front of the victim’s house through the entrance and stairs of the instant “D Borrowing”, and thereby damaged the repair cost of KRW 110,000 on the ground that he/she did not open a door to the victim’s house.

2. On April 15, 2015, at around 16:37, the Defendant: (a) carried a transition (12 cm length) that was in the Defendant’s house at the Defendant’s seat in the Defendant’s breath to be used to threaten the victim; and (b) served the victim with a hand on the ground that the victim said the victim as “the last person” and carried with him the breath of the breath and carried with things dangerous to display alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to each photograph and estimate;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act regarding criminal facts, Article 260(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act.