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(영문) 수원지방법원 2015.02.04 2014고단6424
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 1, 2014, at around 17:07, the Defendant, along with Company B, had been under the influence of alcohol in front of the E-Korean society owned by the victim D in Osan-si, Osan-si, and had no means to see that the said E-Korean society, which was prepared by its members, was a non-exclusive church in which its members would go together.

1. On June 17, 2014, the Defendant violated the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) (the crime of destruction and damage, etc. of a deadly weapon), shouldered two copies of the Erhyp glass hold owned by the victim, and the closed-circuit tamp installed on the outer wall of the building in which the Defendant’s behavior was taken, thrown away two parts of the closed-circuit installed on the outside wall of the building in which the Defendant’s behavior was taken. The rubber piping of the ELP gas tank, which returned to the rear part of the building, was removed, was well known as a favorable view.

Accordingly, the defendant carried dangerous articles and damaged the goods of 6,550,000 won at the market price, such as the glass window owned by the victim.

2. On June 1, 2014, around 19:33, at the above place, the Defendant invadedd the victim’s residence by opening each room from the first to third floor of the above church and opening the locked window by inserting the glass, after putting the glass window back, and opening the locked window and opening the locked window.

3. On June 1, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) opened a room to the first floor of the above church through the entrance door around 19:35, along with the above B.

Accordingly, the Defendant infringed upon the victim’s residence jointly with the above B.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement made to D by the police;

1. Photographs of the seizure site;

1. Investigation report (investigation into the state of the damaged site) - photographs of the damaged site;

1. Application of two copies of a report on investigation (Submission of a written estimate for damage)-a written estimate, receipts, and statutes concerning details of transactions;

1. Relevant Article 3(1) and (3) of the Punishment of Violences, etc. Act on the crime: Article 3(1) of the same Act on the punishment of violence, etc.

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