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(영문) 서울중앙지방법원 2013.11.01 2013고단5570
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

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

Seized evidence No. 4 shall be forfeited from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On March 9, 2006, the Defendant was sentenced to three years of imprisonment with prison labor for robbery, etc. at the Seoul Western District Court, and completed the execution of the sentence on January 22, 2009.

【Criminal Facts】

1. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.;

A. On April 21, 201, around 11:30 on April 21, 201, the Defendant sought to open a door in a manner that puts a drum, which had been in possession of in advance the right door key of the said victim’s house, and was found to have invaded upon the victim’s residence in Seongbuk-gu Seoul Metropolitan Government C building 3, and was corrected to steal the property by entering the house. However, the Defendant was aware of the victim inside the house and attempted to intrude the victim’s residence by escape.

B. On April 21, 201, around 11:50 on April 21, 201, the Defendant sought to open a door in a manner that puts a drum, which was in possession of in advance, and intrudes into the victim’s residence, and was discovered from the victim’s 2nd up to the third floor of the Seongbuk-gu Seoul building E, and was corrected to steal the property by intrusion upon the victim’s house’s house, and was able to capture the property. However, the Defendant sought to have a drum, which was in possession of the victim’s house in advance, and tried to intrude into the victim’s residence.

2. The Defendant was committed to the Victim F (years 67) who discovered the Defendant at the time and place specified in paragraph 1(b).

For the purpose of evading arrest, the Defendant exceeded the lock with which the Defendant was suffering, and assaulted, such as dumping the flaps of the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Police seizure records;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Articles 6, 3(1), and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 319(1) of the Criminal Act (the point of attempted residence and intrusion with dangerous articles) and Article 260 of the Criminal Act.

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