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(영문) 광주지방법원 목포지원 2014.05.16 2014고단292

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 of the final judgment.

Reasons

Punishment of the crime

1. Around December 23, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage) caused damage to the victim’s house in Yong-gun, Yong-gun, Yong-gun, by drunkly under the influence of alcohol before the victim C’s house located in Yong-gun, Yong-gun, Yong-gun, the Defendant: (a) caused the victim’s house to be set up, but the victim was not opened a door; (b) caused danger to the victim’s house; and (c) caused damage to the repair cost to take approximately KRW 70,00,000,0

2. On December 30, 2013, the Defendant: (a) around 21:11, when the victim E was in front of the son E’s house located in Yong-Namnam-gun; and (b) around December 23, 2013, the Defendant: (c) opened the gate set up in a key string of the Defendant’s house and intruded into the victim’s residence, on the ground that the victim, who was in front of the son E’s house located in Yong-gun-gun; and (d) sent the Defendant to the correctional institution.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written statement;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act, and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence, and the choice of imprisonment);

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 (The suspended execution shall be taken into account the reflection of the principle and the agreement with the victim C);