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(영문) 대전지방법원 2015.06.10 2014고단2669 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(the age of 57) are the space between the defendant and the victim who resides and became aware of in the vicinity of the same address.

1. On April 23, 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective weapon, etc.) committed an intrusion on the victim’s residence carrying dangerous objects two times in total, such as the victim’s list 1 attached Table 1, while under the influence of alcohol, the Defendant carried with himself/herself a watch room, which is a dangerous object owned by the Defendant on the ground that the victim does not live alone, on the ground that the victim does not live alone, and carried with him/her, and opened the entrance door that was not corrected because the victim was destroyed by a cre in the outer exit of the victim and intrudes the victim’s dwelling, and intrudes upon the victim’s residence with the dangerous objects over two times in total, such as the victim list 1.

2. Violation of the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) was committed by the Defendant, at the same time and at a place as the above paragraph (1) above, with approximately 33 cm in total, which is a dangerous object for the same reasons as that of the above paragraph (1), and thereby, the Defendant damaged the above victim’s laundry equipment, bathing rooms, etc., which were in the market price at hand.

In addition, as shown in the attached Table 2, the Defendant destroyed 10,000 gate cabbs of total amounting to 180,000 won, such as windows in urban districts, home appliances such as home appliances, food such as gymnasium and red powder, and titts, and 10 clothes such as Titts.

3. From April 22, 2014 to around 10:30 on the following day at around 10:30 on April 2, 2014, the Defendant used the same place as the above paragraph 1 at around 10:10,000, the victim’s clothes and the market value of which was kept in the west, the amount of KRW 1.3 million at the market value of which is equivalent to KRW 3.80,000,000,000 in the market value, and the 111,00,000,000,000,000,000 won in the market value of the victim, such as 1,00,000,000 won in the market value of the victim’s clothes and 3.8,000,000,000 won in the market value.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Records of seizure and the list of seizure;

1. Receipts, receipts,