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(영문) 춘천지방법원 속초지원 2015.02.25 2014고단513

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 19:40 on October 5, 2014, the Defendant: (a) intruded the victim’s house with a deadly weapon, and then damaged the victim’s house by attaching one string door to the above house on the ground that the lessee does not leave the house; (b) one string door and two string door; (c) one string door and two string door; (d) one string door and five string door; (e) two string door of wooden materials; (e) six string door; (f) six strings; (f) one panty; (f) one string; (f) one string; (f) one string; (f) one string; (f) one string; (f) one string; and (f) one string door; and (f) one string door with a string door, one string door.

As a result, the Defendant invadedd the victim’s residence with a deadly weapon, and damaged the victim’s property worth KRW 2,485,000 in total market price by using the above hacker.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs related to the case;

1. Application of the written estimate statutes;

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 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the fact that it is a confession and reflect, the fact that it has been smoothly agreed with the victim, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);