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(영문) 창원지방법원 진주지원 2014.11.21 2014고단919

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 August 10, 2014, around 15:15:15, the Defendant was at the victim D’s house located in Sacheon-si, Sacheon-si, and on the ground that when residents drink drinking, singing, and play in the community hall, the victim gets out of the community hall, the Defendant got out of the victim’s house through open gate, and sees the entrance door entering the victim’s house into the victim’s house through the open gate, and then, “I am my own flick, which is to reduce the amount of sound,” and “I am off the victim’s house, with his husband’s intention, the year when the husband goes out, is equal.”

Accordingly, the defendant invadedd the victim's residence.

2. On August 15, 2014, around 14:30 on August 15, 2014, the Defendant, in front of the victim D’s house located in Sacheon-si, the Defendant, on the ground that the victim was to spawn the Defendant’s wife with a fire-proof tree spawned on the sewage mouth, spawned the victim’s house gate in hand, cut down several times, and spawn the victim in ma, and spawn the victim’s house in large interest, saying, “this year turns off the land, spawn, spawn, spawn, spawn, spawn, spawn, spawned, spawned, spawn.” On the part of the Defendant’s house, the Defendant took an attitude to spawn the victim’s body.

Accordingly, the defendant, carrying dangerous objects, and damaged the 1,112,100 won of repair cost to threaten the victim's gate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV screen and photographs at the scene of damage;

1. Application of the Acts and subordinate statutes to a criminal investigation report (CCTV, on-site photographs, etc.), a criminal investigation report (to telephone conversations for reference) and a criminal investigation report;

1. Relevant Article of the Criminal Act, Article 319(1) of the Criminal Act (the points of intrusion upon residence and the choice of imprisonment), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283 of the Criminal Act concerning criminal facts.