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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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Reasons
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(영문) 광주지방법원 목포지원 2014.05.29 2014고합33
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
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A defendant shall be punished by imprisonment for two years.

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant was aware that he and she returned to the Defendant that he and she did so with the victim D, and had a strong objection against the victim.

On March 24, 2014, the Defendant, at around 22:40, at around 22:40, at the time of the victim’s house located in Yong-gun, Chungcheongnam-gun, Chungcheongnam-do, by misunderstanding that C was in possession of the house, had arbitrarily intruded the knife, which is a dangerous object, through the victim’s house, into the front door through the victim’s house, with the victim’s house attached several entrances, by misunderstanding that C was in possession of the house.

Nevertheless, the defendant, who did not open the door, was able to keep the door in the stable of the victim, and the defendant was able to keep the straw with only a disposable straw with the defendant's house attached to the rice straw in the victim's house.

Accordingly, the Defendant: (a) infringed upon the victim’s residence while carrying dangerous objects; (b) destroyed the entrance entrance of the victim so that the repair cost of KRW 100,000,000; and (c) destroyed the stable that is the victim’s possession by burning the stable amounting to KRW 5,309,920,00; (b) destroyed the stable amounting to KRW 480,000, 120,000 for rice straw 120,000 for the market price of KRW 20,000 for the 160,000,000 for the city price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A report on investigation (Attachment of CCTV photographs of victims) and a report on investigation (Attachment of a written estimate for damage);

1. Application of the Acts and subordinate statutes on photograph of victims of a fire incident;

1. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 3(1)1 of the Criminal Act, Article 319(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 166(1) of the Criminal Act, Article 16(1) of the Criminal Act (a point of causing damage to property, choice of imprisonment, or setting fire to general structures);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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