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(영문) 수원지방법원 2015.09.17 2015고단2859

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)

Text

A defendant shall be punished by imprisonment for not more than ten 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, while he was her husband C of the victim B (the 37 years of age, the her husband C), had been treated as a drinking house loan by C while she was living together with the victim C, and had the victim and her family members known the relationship between C and the victim.

On March 21, 2015, at around 01:30, the Defendant used excessive ( approximately 21cm in total length, approximately 10.5cm in knife length), which is a dangerous object in the residence of the victim B (the 37 years of age, women) located D, and entered the door door which was “C B B. C knife”, and entered into the living room.

Accordingly, the defendant carried dangerous things and invaded the residence of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Police seizure records;

1. Photographs (10.5 cm in length of the map);

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime of this case is not good, and its risk and peace in residence is highly likely to be harmed, and accordingly, the victim and his family are expected to receive a big mental impulse. The inappropriate relationship between the defendant and C appears to have been the motive of the crime of this case, and the relationship between the defendant and C seems to have been organized. Meanwhile, the relationship between the defendant and C seems to have been organized. The defendant is the first offender with no power to commit the crime of this case prior to the crime of this case, it is against his own crime, and other matters that are the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character, conduct and environment, etc., as indicated in the records and arguments of this case.