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(영문) 서울중앙지방법원 2015.05.28 2015고단1072

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

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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

On February 12, 2015, the Defendant: (a) was living in front of the Dongjak-gu Seoul Metropolitan Government Dongjak-gu, a residence of the victim B, etc., and (b) was trying to enter the house, after entering the house, through the door door, which is opened to view that the windows of basement toilets, located on the inner outer wall of the house door, were flicked, and then brought the inside of the above windows into the house, but the Defendant was trying to bring the house, but there is a yellow flick paper between the windows and the crime prevention windows, etc., which is not seen as a proposal, and tried to remove the above flick paper after opening the flickum, and was flicking the window blick view using the nicker and the knicker that had been in possession, and had been

Accordingly, the Defendant infringed on the residence of the victim by carrying a nier and knife, which is a dangerous object, and damaged the shocked network and the crime prevention 2.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Flood-proof networks and field photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc., Article 3 (1) of the Criminal Act, Article 319 (1) of the Criminal Act (the occupation of entering a residence with dangerous things), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc., Article 36 of the Criminal Act concerning the crime;

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;

1. Although the nature of the crime is not weak in light of the motive, means, etc. of the crime for sentencing under Article 48(1)1 of the Criminal Act, the following factors are considered: (a) the Defendant has a profound radius in committing the crime; (b) the Defendant has no record of the crime except the punishment once by fine around 2002; (c) the degree of damage is relatively minor; and (d) the Defendant’s age, character and conduct, environment, motive and consequence of the crime; and (e) the circumstances after the crime.