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(영문) 의정부지방법원 2015.05.20 2014고단4243
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

1. On October 4, 2014, the Defendant: (a) around 22:30 on October 22, 2014, around the house of the victim D(54 years of age) (hereinafter “victim D”); (b) around 305, the victim took sparing the neighboring women of the same studio that her even love; (c) and (d) one kitchen, kitchen, which is a dangerous weapon (34 cm in total length, 21.5 cm in length) and one kitchen, which is a dangerous weapon, for the purpose of threateninging the victim and threateninging the victim, the victim’s dwelling by opening the door door of the victim, which does not come in place.

2. The Defendant intrudes into the victim’s residence at the above date, time, place, and the victim’s residence at the above place, and followed the above knife, which is a lethal weapon, into the front part of the said victim’s knife, and broom off,” and got off a part of the knife of the victim’s knife with brooms and brooms.

As a result, the Defendant inflicted bodily injury on the victim, which caused the victim to tear in the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs and damaged photographs;

1. A written request for appraisal, a written report and an appraisal report;

1. Application of Acts and subordinate statutes to investigation reports (investigation into the details of detection of kitchen blades);

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc., Article 3 (1) of the Criminal Act, Article 319 (1) of the Criminal Act (the occupation of entering a residence with dangerous things), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc., and Article 257 (1) of the Criminal Act concerning the crime;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The Defendant committed the instant crime by intrusion upon another’s residence without permission, carrying dangerous things, and the Defendant.

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