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(영문) 부산지방법원 2014.07.17 2014고단3884
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On October 22, 2014, around 22:50 on May 22, 2014, the Defendant entering the house, and entered the house through the rooftop open to the house, on the ground that the victim who returned to the house in Busan Dong-gu, was not opening the door of the house for ten (10) years from the time when the victim D was living in Busan Dong-gu, Busan, and that he did not open the house house.

2. The Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.) by entering and leaving the house of the victim D (n, 31 years of age) at the time and place specified in paragraph (1) as stated in paragraph (1) of this Article, and finding the victim at the house room because the victim does not have to open the house, and sprinked the victim at the house room, leading the victim's head to knife the knife, leading the victim's head to the knife, leading the victim's knife to the knife, and knife the victim's knife, "the dead at this knife," and again knife the knife, which is a dangerous object that was sticked to the knife in the knife, and knife the victim's knife with the victim's knife.

Accordingly, the defendant assaulted the victim while carrying a knife, which is a dangerous object.

3. The Defendant damaged the property by cutting off one cell phone of 500,000 won in the market price of the victim’s possession, which was cited by the victim, on the ground that the victim D did not open a door at the time and place specified in paragraph 1, but did not move out, and by cutting off one cell phone of 50,000 won in the wall, which is the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A report on investigation (the sequence 4,5 of evidence list);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act regarding criminal facts, Article 260(1) of the Criminal Act (the occupation of an assault for carrying dangerous objects) and Article 319(1) of the Criminal Act concerning entry into a residence;

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