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(영문) 대구지방법원 안동지원 2014.09.26 2014고단274
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Criminal Power] On October 17, 2013, the Defendant was sentenced to a suspended sentence of two years on October 25, 2013 by imprisonment with prison labor and six months for the crime of fire-fighting of the main building at the Daegu High Court, which became final and conclusive on October 25, 2013.

【Criminal Facts】

1. Around October 24, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) committed an offence against the victim D (the age of 53) located in his/her own territory in his/her own territory around 22:30 on October 24, 2013, the Defendant: (a) opened the victim’s house on the ground that the house of the victim was a house where the Defendant was living in his/her past; (b) opened the victim’s house; and (c) opened the door, “whether he/she was permitted to open the door, and entered this house”; and (d) intrudes the victim’s residence by taking a dangerous thing ( approximately 42 cm in length) which was prepared in advance without the victim’s permission.

2. Around October 24, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), citing the value indicated in paragraph (1) of the same Article, which is a dangerous object at the same place as the above Paragraph (1), and returned to the back of the victim’s house, and the victim considered “the victim as a person with no telephone or telephone,” but the victim considered as “the victim as a person with a watch, with a defect cited as the victim’s “no telephone or telephone,” thereby threatening the victim as if he were at the time.”

As a result, the Defendant was delivered one cellular phone at the galgal ju City of the victim-owned market value of one million won from the victim who falloned the victim with dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. On-site photographs, fluor photographs, Defendant's bags, and Handphone photographs of damaged articles;

1. Before holding: Application of Acts and subordinate statutes to criminal records, etc. and investigation reports (Evidence List No. 24, 25);

1. Articles 3(1) and 2(1)1 of the relevant Act on the Punishment of Violences, etc., Article 3(1) of the Criminal Act, Article 319(1) of the Criminal Act, and violence, etc. against a crime;

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