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(영문) 춘천지방법원 강릉지원 2015.09.11 2015고단308
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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.

Reasons

Punishment of the crime

On April 7, 2015, at around 01:24, the Defendant found alcohol in the room of the victim D (the age of 32) residing in the defendant's side located in Gangnam-si C, and offered a proposal to drink, and the victim refused to do so. However, the Defendant did not hear the statement, and the police officer reported to 112 and sent to 112, and the Defendant did not go back to the house.

The Defendant: (a) found the victim’s visit at the victim’s room, laid the victim’s visit several times; and (b) intruded the victim into the victim’s residence room for the purpose of causing harm to the victim; (c) took two excessive objects (one excessive of 23cc in total length, one of 13cc in total length, one of 21cc in total length, one of 11cc in knc in knc in knc; and one of the knc in 11cc in knc in knc in hand), which are dangerous objects to the victim’s visit; and (d) embling as follows by the victim.

When the two arms of the victims are fluored and resisted, the excessive damages incurred in the losses were prevented, thereby threatening the victim's brush and brut as they are on the part of the victim's brush.

Accordingly, the defendant invadedd the victim's residence and threatened the victim with dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of seizure records and photographs statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous things), and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Suspension of execution is not less than Article 62 (1) of the Criminal Act (the same shall apply to the crimes of violation of law and the crimes of violation of law);

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