폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The defendant is a person who resides in accordance with the Punishment of Violences, etc. Act (a collective action, threat of deadly weapons, etc.) in Busan Metropolitan City, 14 Dong 101;
On October 26, 2013, at around 19:55, the Defendant: (a) opened the front door of the victim D (the 30-year-old) with C Apartment 14 and 102, and (b) opened the front door on several occasions on the ground that the victim was sleeped while doing construction to board directors; (c) opened the door, but the victim did not open the door; (d) walked the front door of the victim, which is a dangerous object stored in the Defendant’s house, in his hand, walking the front door of the victim’s house; (e) walking the front door to the front door, the victim opened the front door to the front door, and (e) laid down the front door, “find” as “find.
Accordingly, the defendant carried excessive amount of dangerous objects and threatened the victim.
2. The Defendant, at the same time and place as set forth in paragraph (1), was frightened to the victim, and the victim went into the victim’s house, with the inside and outside of the house, and intruded the victim’s house.
3. The Defendant damaged property in a remote area owned by the victim by tearing the victim’s house at the same time and place as paragraph (1) and using excessive amount of damages incurred in his/her hand, thereby damaging the remote area owned by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes on seizure records;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 283 (1), 319 (1), and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The fact that the defendant under Article 62(1) of the Criminal Act appears to have committed the instant crime contingently, that the actual victim has been agreed, that deposit KRW 1 million for the recovery of damage, that is, the criminal records that may be considered to be considered to the defendant.