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(영문) 창원지방법원 통영지원 2015.11.06 2015고단846
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant leased the first floor of the building owned by the victim D (n, 53 years old) in Gyeong-gun, Gyeongnam-gun, and operated a restaurant at that place. The victim is a person who resides in the second floor of the above building, and the victim E is a person who performs the construction of the test of the above building at the request of the victim D.

At around 10:00 on June 24, 2015, the Defendant: (a) at the building above the upper floor of the instant building on the ground that the victim E’s interior works interfere with the restaurant business due to the defecting construction; (b) laid a chemical part of KRW 120,00,00 in the market value of the victim D owned by the first floor of the said building; (c) continuously putting an empty beer who was at the entrance of the stairs of the said building on the floor, breaking the beer bottle who was at the entrance of the said building on the floor, breaking the shoulder beer, which is a dangerous object after breaking it on the floor; (d) opened the entrance at the house of the second floor of the victim D; and (e) opened the entrance into the living room, breaking the said shock beer disease; and (e) harming the victim D with the escape of the victim’s windows, and breaking it into the victim’s market price so that it does not sound the victim’s 50,000 won.

Accordingly, the defendant carried dangerous things into the victim D's residence, threatened the victim, damaged the property owned by the victim, and interfered with the victim E's work by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 319(1) of the Criminal Act; Articles 284 and 283(1) of the Criminal Act; Articles 369(1) and 366 of the Criminal Act; Article 314(1) of the Criminal Act; Articles 314(1)1 of the Criminal Act; Articles 319(1) of the Criminal Act; Articles 314 of the Criminal Act; Articles 314(1)

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

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