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(영문) 수원지방법원 2013.06.20 2013고단1542
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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. On March 9, 2013, the Defendant, who entered a house, entered the house of the victim F, which came into the house of the victim F, and went into the house of the victim F, and intrudes into the residence of the victim through the open rear door.

2. A violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) expressed the victim’s obses that intrudes into his/her residence as above at the aforementioned time and place (46 years of age) and expressed the victim’s obses “hing, Chewing,” and the kitchen knife (42 cm in total length and 26 cm in length) which had been placed on the kitchen of the kitchen at the same time and place, thereby threatening the victim by taking the kitchen knife (26 cm in a knife).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a punishment (the points of intrusion upon residence, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the points of intimidation to carry a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The punishment as ordered shall be determined in consideration of the fact that the defendant in the reason of sentencing under Article 62-2 of the Criminal Act recognizes the crime of this case and repents the errors thereof, contingent criminals, and the victim does not want the punishment of the defendant;

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