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(영문) 춘천지방법원 강릉지원 2016.02.19 2015고단1254
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 15, 2015, at around 21:10 on September 15, 2015, the Defendant came into the house of the said victim through the entrance where the victim D (40) located in Gangnam-si, and the Defendant was parked around the surrounding area, which is a dangerous object in the vehicle of the Defendant’s female E living together with the victim, and the Defendant thought that he had a private right while communicating with the victim and E, and did not correct it.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

2. The Defendant: (a) invaded upon the said victim’s house at a time, at the same time, and at a place as set forth in Paragraph (1) above; (b) however, the Defendant: (c) landed the victim’s main disease with a aluminium air-proof net, which was in danger of the victim being fluored by him; (d) broken the floor; and (e) cut the floor to tear.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

3. The Defendant, like paragraph 2, destroyed the victim’s property and threatened the victim with a alinium flapsing net, which is a dangerous object discovered and cited by the victim in front of the said victim’s house, with the victim’s flapsing net, and flaps of the victim’s flapsed with another hand.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the floor area photographs of victims who have been on-site photographs, seizure records, or damaged;

1. Relevant legal provisions of the Criminal Act and Articles 320, 319(1) (a) of the Criminal Act regarding the crime, the choice of punishment (a point of intrusion upon special residence), Articles 369(1), 366 (a), and 366 (a) of the Criminal Act, Articles 261 and 260(1) (a) of the Criminal Act (a point of special assault and 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. Article 62 (1) of the Criminal Act (i.e., reflective measures against the victim and agreed with the victim);

1. Article 48(1) of the Criminal Act of confiscation.

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