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(영문) 인천지방법원 2014.09.04 2014고단5507
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 30, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc., damage, etc.) and the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) found the victim D's house located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, to have sought living expenses from the victim D, his father, who was the father of the Defendant, in mind. However, the present door was cut down, and the present door was cut down, and the vehicle engine additives were cut back to the victim's house by cutting off one pent, which is a dangerous object in the between the string and the string of the vehicles located in the spoke area owned by the Defendant, and broken off the inner beer and glass window by using the pent and carrying it.

Accordingly, the defendant carried dangerous articles and damaged the victim's property and infringed on his residence.

2. Around 13:40 on the same day, the Defendant violated the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, etc. (a collective action, a deadly weapon, etc.), and the Defendant reported to the police after reporting the Defendant, who carried the victim D (65 years of age), at the place specified in paragraph (1) above, and reported to the police by putting him/her out of the glass window, thereby threatening the victim, who is a dangerous object at the place inside the house, such as the body of the Defendant and the floor of the living room, to spread one copy of the engine additives for the said vehicle, which is a dangerous object, to the victim’

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article on a crime: Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act, Article 283(2) of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 3(1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act;

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

1. Discretionary mitigation: Article 53 of the Criminal Act;

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