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(영문) 부산지방법원 2016.12.29 2016고단7529

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

A defendant shall be punished by imprisonment for four months.

The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) jointly with C, and on October 23, 2016, the Defendant went into the house without permission of the victim E (the age of 26) and the smelling problem.

2. The Defendant violated the Punishment of Violences, etc. Act (joint assault) committed a assault against the victim by breaking the victim’s head knife by hand from the victim’s office at the same time, and C committed a assault against the victim by breaking the victim’s head knife, and jointly with C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 319 (1) of the Criminal Act, Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with labor;

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 Act on Suspension of Execution fails to settle a dispute arising between neighbors with the reason for sentencing, and each of the above crimes of the defendant, which caused violence, should be criticized. However, the conflict has resulted in damage to the past and the speech and behavior at the time of the crime by the neighboring residents, who have caused the conflict, and the damage has not been severe, and other various circumstances, including the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered to be attached to the sentence as ordered.