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.

Criminal facts

The Defendant, with the victim C and his death penalty, had the victim, who was her birth together with the victim, neglected his/her usual defendant to receive his/her punishment, and had the victim abused his/her residence to commit a crime.

1. Crimes committed on June 30, 2013;

A. Around June 30, 2013, the Defendant, who entered a residence, opened a gate and intrudes into the living room by using the key in which the victim was in a studio in a cresh of the victim’s dwelling located at the 8-dong 102-dong Do, Jinjin-si.

B. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) asserted that the spathner, a dangerous object that had been saved at the above time and place, does not constitute a dangerous object. However, in a specific case, whether an object constitutes “hazardous object” under Article 3(1) of the Punishment of Violences, etc. Act should be determined depending on whether the other party or the third party could cause danger to life or body if used the object in light of social norms (see Supreme Court Decision 99Do4146, Nov. 9, 199). Meanwhile, even if the other party did not recognize the existence of the dangerous object if he destroys another person’s property while carrying the dangerous object, or did not cause harm to the life or body of the other party, the crime of destruction or loss of the dangerous object constitutes a violation of Article 3(1) of the Punishment of Violences, etc. Act (see Supreme Court Decision 2002Do5783, Jan. 24, 2003).

Therefore, we cannot accept the above argument of the defendant and defense counsel.

The market price is 3 TV equivalent to the total market price of 360,000 won and 100,000 won and 100,000 won.