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(영문) 수원지방법원 평택지원 2013.05.30 2013고단106
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 12:00 on November 2, 2012, the Defendant: (a) thought that his denial was difficult to avoid the wind with the husband of the victim; (b) carried the knife (13 centimeters in the knife length) of the dangerous object on the ground that the denial was made; (c) opened and intrudes into the glass hold of the living room of the above house without locking the victim; (d) opened the knife of the victim’s chest with the defective hand to stop the Defendant into the said knife; and (e) assault the victim by continuously tightly knifeing the said knife; and (e) used the knife’s knife 36 points such as TV 1,00,000 won at the market price owned by the victim in the above knife and used the knife knife property equivalent to KRW 14,480,000.

Accordingly, the defendant carried a knife which is a dangerous object, invaded upon the residence of the victim, assaults the victim, and damaged the property owned by the victim.

2. At around 08:20 on November 9, 2012, the Defendant: (a) destroyed the victim D’s plastic paper or the horses containing in food, in front of the Defendant’s residence, in a manner that, without permission, the victim D enters his/her vinyl warehouse, and was loaded into a vehicle loaded in the victim’s plastic house without permission, the market price of which is equivalent to KRW 747,00 in total of the market price of the victim’s possession, such as the 30,000 additional string of 30,000 and the string of 747,000,000 in the total market price of the vehicle loaded in the household, such as the fore and string of the victim’s plastic paper or the string of the horses in food, all of which are dangerous articles kept in the house.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of D police statement;

1. Seizure record and list;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 260 (1), 319 (1) and 366 of the Criminal Act, the choice of imprisonment for a crime, and the choice of a sentence;

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

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