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(영문) 창원지방법원 2015.09.10 2015고단1777

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등

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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

The defendant found the victim B and his behaviors in the singing place where the defendant's punishment is operated, and knew that they drink and drink the drinking, and tried to answer it at the restaurant operated by the victim in the state of drinking.

1. On May 14, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) committed a 'D’ restaurant operated by the victim in the Seocho-gu Seoul Special Metropolitan City, Changwon-si, and the entrance of the restaurant business was temporarily set off, and the entrance was set off at the 'D’ restaurant, which is a dangerous object (87 cm in total length, 87 cm in daily length, 88 cm in daily length) at a construction site near the above cafeteria, and went into the cafeteria door door door to the victim’s structure.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. causing damage and damage, etc.) caused damage to the victim’s property by putting the gate, which is a dangerous object, into the victim’s restaurant at the above time and place. The Defendant destroyed the victim’s property by putting the automatic door equivalent to one million won at the market price of the victim’s possession, and the entrance door door door windows equivalent to KRW 800,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of B and E;

1. Records of seizure and the list of seizure;

1. Written estimate, etc.;

1. Application of statutes on site photographs;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;