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(영문) 대전지방법원 홍성지원 2015.07.08 2015고단313
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)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

The defendant was dissatisfied with the promise that the parent B(the age of 62) was using only the building after the parent was dead, and the parent could not be seen as the parent.

1. On June 29, 2014, at around 12:10 on June 29, 2014, the Defendant destroyed the damage of property by removing the direction signs for installation of closed-circuit camera and closed-circuit camera installed in the main gate from the victim’s house located in Chungcheongnam-gun Hong-gun, Hongsung-gun, the Defendant damaged the repair cost of approximately KRW 200,000.

2. The defendant violated the Punishment of Violences, etc. Act (joint residence) by cutting the gate of a house at the date, time, and place specified in paragraph (1) without the consent of the victim, along with pro-friendly D, and entered the house of the victim.

Accordingly, the defendant invadedd the victim's residence jointly with D.

3. On February 4, 2015, the Defendant violated the Punishment of Violences, etc. Act (the destruction of or damage to a group, deadly weapon, etc., a group, a deadly weapon, etc., and an intrusion upon residence) was accompanied by a pipe (12cm in length, 5cm in diameter), which is a dangerous object from driving a E-wit vehicle, and ancillary to a house, the body of the building, etc., being taken over two times, and added a hack pipe (12cm in length, 5cm in diameter), which is an object dangerous from the said cargo vehicle, to the outside glass window of the building.

Accordingly, the defendant carried dangerous articles and damaged the victim's property and infringed upon the victim's residence at the same time to cover 12,951,070 won in total.

Summary of Evidence

【Court No. 1】

1. Defendant's legal statement;

1. B’s statement statement made on November 18, 2014 (the second fact at the time of sale)

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The second written statement made by the police with regard to B (each fact of subparagraph 3 at the time of making the statement);

1. Defendant's legal statement;

1. B’s statement statement made by the police on February 10, 2015

1. Written estimate;

1. Application of on-site photographs, damaged photographs, on-sites, and statutes governing damaged photographs;

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