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(영문) 수원지방법원 성남지원 2015.07.24 2015고단1004
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
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 of the final judgment.

Reasons

Punishment of the crime

On February 14, 2015, the Defendant was living in Gwangju-si B 402 and divorced from the Defendant’s wife. On February 14, 2015, the Defendant considered that the victim C, who resides in the above B 302, was involved in the above divorce, participated in the above divorce, and led the victim to an awareness of religion.

At around 02:00 on February 27, 2015, the Defendant meted the victim, his husband, and his children, and opened the door with the door door of the above 302, which is a dangerous object in a corridor, and had been locked. However, the victim did not open the door door, and from that time until 04:00 on the same day, the Defendant sent the door door with the above door door to the point of view that “Iara, Ia, Ia, I will only die. I will also die. I will also die of the victim's families.”

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant damaged the victim's entrance during the night and thus, it seems that the victim and his family members feel a considerable fear of fear. In light of the fact that the defendant was punished several times due to violent crimes, it is reasonable to strictly punish the defendant.

However, since the crime of this case was committed by the defendant, the defendant is no longer facing the victim, the victim does not want the punishment of the defendant, the defendant does not have been punished more than the fine, and the defendant's age, character, character and behavior.

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