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Reasons
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(영문) 대전지방법원 2014.11.13 2014고단3113
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 28, 2014, around 23:00, the Defendant: (a) entered the house of the victim D (Inn, 54 years of age) located in Daejeon Jung-gu, Daejeon; (b) entered the house by an unsound method; and (c) entered the house through an open entrance, and intrudes on the residence of the victim.

2. On July 29, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective violence, deadly weapons, etc.) committed assault by intrusion upon the victim D’s house, i.e., assaulting the victim’s face at one time, citing the victim’s face at one time by taking the victim’s face at one time by taking the victim’s face, without any justifiable reason, from around 10:00 on July 29, 2014, the following day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Photographs;

1. Application of Acts and subordinate statutes of each investigation report (No. 9,10 of the evidence list);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Taking into account all the conditions of sentencing, including the motive and circumstance leading up to the crime, the age, occupation, character and conduct, and environment of the defendant, as well as the motive of sentencing under Article 62(1) of the Criminal Act that the defendant has no record of criminal punishment five times or more of the reason for the suspended sentence, and the motive and circumstance leading up to the crime that the victim does not wish to

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