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(영문) 서울동부지방법원 2015.04.02 2015고단123

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

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A defendant shall be punished by imprisonment for six months.

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

1. Around January 21, 2015, the Defendant violated the Punishment of Violences, etc. Act (the destruction of and damage to a group, deadly weapon, etc.) was accompanied by repair costs that could not be known because the Defendant, in front of the front door of the door door of the victim D (the age of 47) in Gangdong-gu Seoul Metropolitan Government (the age of 101), who was a dangerous object for the reason that the victim does not drinking himself/herself, was 42 cm in total length).

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) and the time and place stipulated in paragraph (1) of the same Article, cited the above shield, which is a dangerous object for the foregoing reasons, and forcedly opened the entrance door of the said victim and intruded the said victim into the ward and the inside.

In this respect, the defendant carried dangerous things into a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes No. 1 of seized evidence;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 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. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, such as the absence of previous convictions for the defendant, contingent crimes, the victim expresses his/her intention not to want the punishment, the elderly and health of the defendant is not good, and the fact that the defendant is against his/her gender);

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