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(영문) 춘천지방법원 2016.08.22 2016재고단16 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, along with D, leased and operated the G amusement center of the victim F in Hongcheon-gun E at KRW 3,00,000 per month, while the monthly rent was delayed, the Defendant was required to pay the monthly rent, etc. from the victim.

In the process, the Defendant appeared to be disregardedd by the injured party, and the Defendant had been frightened with respect to the respect to the respect of the victim, and had the victim taken a disadvantage against the victim.

1. On November 4, 2014, at around 18:29, the Defendant affected a special structure: (a) came to a golf practice hall screened “I” of the victim F’s operation of Hongcheon-gun H, Hongcheon-gun; (b) used a dangerous object prepared in advance (33 cm in length) thereby shouldering the entrance glass; and (c) went to the door after leaving the door.

Accordingly, the defendant carried dangerous things into the victim F's structure.

2. The Defendant: (a) changed the entrance glass as described in the preceding paragraph; (b) changed the door glass to the victim F office; and (c) took a luminium air-conditioning net (90 cm in length) from J to the victim F office; and (d) cut off the air condition of the air conditioning in which the market price inside the facility was 470,000 won in proportion to the total market price of 470,000 won.

Accordingly, the defendant, in collusion with J, destroyed the victim F's property by carrying dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the prosecution against J;

1. Statement made by the police with regard to F;

1. On-site and photographs of damaged articles;

1. Application of each existing Act and subordinate statute of subparagraph 1 (Aluminium stacks), and subparagraph 2 of Article 2, which are seized;

1. Relevant legal provisions concerning facts constituting an offense, Articles 320, 319 (1) (a) of the Criminal Act (a point of intrusion on dangerous objects), 369 (1), 366, and 30 of the Criminal Act (a point of damage to dangerous objects carrying property, or choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment as provided for in the offense of intrusion on a special structure with heavy quality);

1. The Criminal Act, the suspension of execution;