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(영문) 서울서부지방법원 2014.07.03 2014고단920
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an Kim Cor-cafeteria employee.

Around 04:30 on March 30, 2014, the Defendant sought to come up with the body of the victim D (n, 23 years of age) residing in the fourth floor of Mapo-gu Seoul building, and the victim D (n, 23 years of age) residing in the 414th side of the Defendant’s residence, the Defendant sought to have one knife, a dangerous object located in the main room of the Defendant’s residence, and to collect the knife at the end of the knife and to intrude into the victim’s residence by inserting the knife of the knife with the gap caused by the visit reading center door No. 415, supra. However, the Defendant failed to come up with the wind that the victim opened and emitted from the knife.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of seizure records, photographs of seized articles, field photographs, and statutes;

1. Articles 6, 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 319 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is that the nature of the instant crime itself is not somewhat weak, and that the instant crime may lead to a serious second crime, and thus, it is highly necessary to punish the Defendant strictly.

On the other hand, considering the fact that the defendant has no criminal records and is against his/her mistake, and the victim has not suffered direct damage, and other circumstances that are conditions for the sentencing of this case, the defendant is to suspend the execution of imprisonment on condition of community service, and the sentence is to be determined like the order.

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