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(영문) 의정부지방법원 2015.05.08 2014고단3986
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six 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

1. On September 12, 2014, at around 19:45, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) caused damage to the victim’s c apartment 102 and 201 (year 31) by cutting off the door door, which is a dangerous object in front of the front corridor of the 201 entrance, without having contact with the victim’s her relative or E, as the victim in an internal relationship with his/her woman, as he/she was in a relationship with his/her mother, as the victim was in a relationship with his/her mother, without having contact with him/her, and by cutting off the door door at two times and two times, and then cutting off the door door, which is a dangerous object in the front corridor of the 201 entrance.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) entered the victim’s residence through a small glass window on the side where the Defendant was broken as prescribed in paragraph (1) and carried the brupt flas, which is a dangerous object at the same time and place as prescribed in paragraph (1), and infringed upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

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 366 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 3(1)1 of the Punishment of Violences, etc., Article 319(1) of the Criminal Act, and Article 319(1) of the Criminal Act;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the injured party does not want the punishment of the accused; that the accused recognizes all of the crimes of this case; that the accused reflects the fact; that there is no history of other crime except that sentenced once to a fine);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

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