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(영문) 서울남부지방법원 2015.01.22 2014고단4626

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant committed the following crimes in a state that he/she lacks the ability to discern things or make decisions due to a Compilation mental division disease:

At around 05:30 on November 11, 2014, the Defendant: (a) tried to open a victim’s house in order to resist on the ground that sound sound slured from the victim D’s house located in Gangseo-gu Seoul Metropolitan Government C and 903 Dong 901, but failed to open the victim’s house; (b) broken the victim’s house’s house and the victim’s house’s house, thereby destroying the victim’s house’s house’s small glass hold in advance; (c) putting the kitchen, which is a deadly weapon, one kitchen (30cm in length) and one excessive one (25cm in length), and intrudes the victim’s house into the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes concerning seized articles photographs and field photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 319 (1) of the Criminal Act;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Article 62 (1) of the Criminal Act;

1. Taking into account the fact that the victim of the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act does not want the punishment of the defendant, the defendant committed the crime of this case in a state of mental disorder, and the defendant is the first offender and is against his mistake