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(영문) 인천지방법원 2014.12.24 2014고단7793
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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 August 6, 2014, around 20:48, the Defendant, who entered a residence, demanded the victim to change the outstanding amount at the victim’s residence of Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, 107 Dong 104, 104, and demanded the victim to change the outstanding amount, and the victim called “to report ice ice fice fice fice fice fice fice fice.” The victim sent a door to prevent the opening and closing of the entrance, and intruded the victim’s residence by entering the new fice.

2. Around August 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) committed assault by the victim D, who attempted to flee from the E Costaex, a dangerous object set up in the said C Apartment 107 parking lot, which is a dangerous object at the said C Apartment 107 parking lot, leading about about 10 meters away from the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a sentence (the points of intrusion upon residence, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (the points of assault against carrying dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);

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