beta
(영문) 수원지방법원 2014.02.14 2013고단3856

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

1. On June 29, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective weapon, etc.) found the victim's house to comply with the victim's D (the age of 43) on the ground that the victim found the Defendant's company and went to the Defendant at the victim's house in order to comply with it on the ground that the victim did not know the Defendant's bad faith, but the door locked with the lock and locked the victim's house, which is a dangerous object at the warehouse, and then destroyed and damaged the bar and lock with the victim's house, and invaded the victim's house.

2. 폭력행위등처벌에관한법률위반(집단흉기등상해) 피고인은 전항과 같은 일시, 장소에서, 집안에 있던 피해자의 멱살을 잡고 밖으로 끌고 나와 위험한 물건인 철제 몽키스패너로 피해자의 어깨 부위를 때리고, 위험한 물건인 드라이버로 피해자의 허리와 허벅지를 찌르고, 주먹으로 피해자의 얼굴 부위를 때리고, 피고인이 신고 있던 슬리퍼를 집어들고 피해자의 얼굴을 수회 문지르는 등 때려 피해자에게 치료일수를 알 수 없는 오른쪽 이마부위와 콧등의 살갗이 벗겨지는 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 319 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) 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. Article 62(1) of the Criminal Act provides that the victim shall not be punished, that the victim's damage is minor, and that the defendant's act appears to be contingent, and that the defendant commits the crime.