beta
(영문) 의정부지방법원 2015.03.31 2015고단291

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등

Text

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.

Reasons

Punishment of the crime

1. On January 20, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) at the residence of the victim D (the age of 40) (the age of 105 and 202) at the Government-si c apartment 105 and 202 on January 20, 2015. In the event that he returned to the above apartment and continued dispute with the victim, he returned to the said apartment, and then he took a bath from the victim during the pending dispute with the victim, the Defendant she took a knife with a knife, which is a deadly weapon, in the kitchen, and knifeed with the victim’s knife, face, and knife the victim.

The defendant, carrying a deadly weapon, assaults the victim.

2. Around 07:30 on January 20, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) put the knife knife, which is a deadly weapon, into the left inside machine on the ground that the noise between floors is serious, in the apartment of the victim E (the age of 30) residing in the Jung-si government city, the Defendant 105:30 on January 20, 2015, carried the knife knife knife, which is a deadly weapon, into the left inside machine, and carried the knife knife knife, which opened by the victim, and carried the victim into the knife knife.

Accordingly, the defendant invadedd the residence of the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Police seizure records and photographs of seized articles;

1. Application of statutes on photographs of damage;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of carrying a deadly weapon), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act (the point of carrying a deadly weapon) of the relevant Act on criminal facts;

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 reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.