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(영문) 수원지방법원 2015.07.01 2014고단5901
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 07:20 on September 12, 2014, the Defendant entering a residence intrusion came into the victim’s house located within the victim’s house located within the said building, and when the victim E (n, 28 years of age) was not aware of himself/herself, the Defendant: (a) went into the victim’s house located within the said building on the outer wall of the said building; (b) went into the victim’s house; (c) went into the victim’s house; and (d) went into the victim’s residence through the windows located within the said building.

2. The Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.) found the victim E at the same time with the victim F (34 years of age) who was his/her own after-school at the same time, and assaulted the victim E's face to take three times as drinking, by breaking the iron bars (1.5 meters in length, approximately 2 centimeters in thickness), which are dangerous articles by gathering the iron straw of the buck, in the course of the process of breaking up the bucking into the house, during which he/she finds the victim E along with the victim F (34 years of age) who was his/her own after-school, and then intrudes into the house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. E statements;

1. Application of Acts and subordinate statutes to the scene and criminal tools, and photographs of damaged parts;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime;

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

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

1. Where probation and community service order violate the Punishment of Violences, etc. Act (the scope of recommendations) with the reasons for sentencing under Article 62-2 of the Criminal Act, the scope of final sentence due to the aggravation of multiple offenses when the mitigated area (4 to 1.2 months), the mitigated area (4 to 1.2 months), the mitigated area (including specially mitigated persons), the punishment not (including serious efforts to recover damage), or considerable partial damage has been recovered:

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