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(영문) 수원지방법원 성남지원 2016.03.31 2015고단25
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a tenant who resides in the 1st floor in Seongbuk-gu, Manam-si.

1. On September 4, 2014, at around 21:00, the Defendant found the victim D (V, 57 years old)’s house residing in the above C Branch No. 2, and took a bath without any justifiable reason, and opened the door.

Therefore, the victim did not open a brupt door, and the defendant, the defendant, as a dangerous object in the ordinary possession (117 cm in total length), flusium and shocked the victim's flusium and shock network, broken down the flusium glass and shock network, and entered the victim's house.

The Defendant continued to have the victim enter the door, and make the door a hole by making it possible for the victim to open the door in a locked, and opened the transition (23 cm in total length, 13 cm in blade) of dangerous things in the kitchen, which were in the kitchen, into the entrance of the visit, and threatened the victim with the opening of the door.

As a result, the Defendant, carrying dangerous articles, destroyed the victim's entrance, intruded on the victim's residence, and threatened the victim to require a total of KRW 510,000.

2. The Defendant, in front of the above building C at one night, knew out of the front of the crime prevention window of inside and out of the above building with the knowledge of the escape, and got off the front of the head of the above D as the above decline, which is a dangerous object, and prevented the escape, was at the time of the victim’s left hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each protocol of seizure;

1. Each photograph;

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act and Articles 369(1), 366, 320, 319(1) (a) (a) of the Criminal Act concerning the facts constituting an offense, and Articles 284, 283(1) (a) (a special intimidation, choice of imprisonment with prison labor), 261, 260(1) (a) (a special assault, point of imprisonment with prison labor and choice of punishment) of the Criminal Act concerning the selection of punishment;

1. Aggravation concurrent crimes;

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