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(영문) 서울동부지방법원 2014.08.28 2014고단684

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the tenant of 207 in Songpa-gu Seoul Metropolitan Government, and the victim C (V, 40 years old) is the owner of the building of the above △△△△△ Housing, and was in a relationship with the defendant. The victim D(40 years old) is the male-child Gu of the above C.

On March 10, 2014, at around 21:40, the Defendant: (a) moved to the victim C on the ground that the victim C was no longer in front of the victim C’s house at around 307, and (b) induced the victim C to leave the victim C by making a defective statement due to the preparation of a monthly rent contract by phoneing the victim C; and (c) 15 centimeters in length of the blade, which is a deadly weapon prepared in advance, was placed in front of the victim C’s house.

Since then, the Defendant: (a) intruded the victim C’s house; (b) described the victim C with the knife as “if it is false or not; (c)” while displaying the knife to the victim C; and (d) the victim D, together with the victim D, has also displayed the knife to the victim D.

Accordingly, the defendant invadedd the victim C's residence while carrying a deadly weapon, and threatened the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning C and D;

1. Records and lists of police seizure;

1. Application of Acts and subordinate statutes governing blades;

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 283 (1) of the Criminal Act concerning a 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of the sentence recommended by the sentencing guidelines [decision of type] violent crime, intimidation (special intimidation] basic area [decision of the recommended area] basic area [the scope of the sentence of recommendation] from June to June.