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(영문) 수원지방법원 평택지원 2014.11.26 2014고단1595

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 April 3, 2014, around 19:00, the Defendant invaded upon the Defendant’s house of the Victim C located in Yasan-gu, Yasan-gu, Yasan-si. Around April 3, 2014, the Defendant, under the influence of alcohol, intruded the Defendant into the door through a window, with the view to resisting against the Defendant’s lessor’s house of lease on a deposit basis, etc. which was not returned.

2. The Defendant damaged the property by having the victim C, a sum of the market price owned by the victim C, 7.6 million won in total, such as computers, electric scambling, scambling, cooling, cambling, chairs, scambling, telephone, smelling, smelling, scambling, scambling, and bags, which were located at the above time and at a place.

3. The Defendant, at around 20:00 on April 3, 2014, read the victim C, who entered the above place, with the children of the above D, and took a knife (18cc in length of the knife) that is a dangerous object that had been located in the main place, and served the victim once every year.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The police seizure record and the list of seizure;

1. Written estimate;

1. On-site photographs and blade photographs;

1. Application of Acts and subordinate statutes to report on investigation (a summary attachment to the suspect and the victim's domicile);

1. Relevant legal provisions concerning criminal facts, Article 319 (1) of the Criminal Act that prescribes the punishment (the point of intrusion upon residence, the choice of imprisonment), Article 366 of the Criminal Act, 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);

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;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is very dangerous to the method of crime in this case, and the property and mental suffering of the victim.