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(영문) 창원지방법원 2016.05.11 2015고단2820
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2015, when the defendant was dissatisfied with the process of dividing the inherited property between South and North Korea, the defendant found in the residence of the victim C and 1 Dong 605 on August 18, 2015, and opened and opened the entrance, and opened the entrance, which was a dangerous object among the victims prepared in advance, and caused damage to the entrance, and continued to open the entrance, and caused damage to the victim's use by putting in the entrance, such as air conditioners, chills, two television and beds in the ward, and two computer monitors, computer monitors, and books in the victim's room, which were in the victim's children.

Accordingly, the defendant invadedd the residence of the victim while carrying dangerous objects, and damaged the property owned by the victim.

Summary of Evidence

1. Legal statement of the witness B;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the site and damaged photographic Acts and subordinate statutes;

1. Relevant Articles 320, 319(1) (a) and 366 of the Criminal Act concerning facts constituting an offense (a point of intrusion upon a dangerous article), Articles 369(1) and 366 of the Criminal Act (a point of damage to dangerous article carrying property, or choice of imprisonment with prison labor);

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] Habitual, repeated crimes and special damage area (Habitual, repeated crimes, special damage, etc.) to be mitigated (4 to 10 months) / [Special mitigated Persons] the penalty not to be imposed (including serious efforts to recover damage), or where a significant damage has been restored, the sentencing guidelines are not provided in the case of intrusion upon residence, and thus, only the lower limit of the above sentencing guidelines shall be considered when the sentence is determined.

[Judgment of conviction] The crime of this case is not against the nature of the crime of damaging property after intrusion upon the residence by carrying dangerous articles.

However, the victim does not want the punishment of the defendant, and the defendant does not have any other criminal records in addition to the two-time penalties, the age, sex, family relationship, and family relationship.

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