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(영문) 의정부지방법원 2013.12.24 2013고단3174
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 16:50 on March 13, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) assaulted the victim by means of gathering the victim a bracker, which is a dangerous object, by entering the victim’s house and reporting the bracker film at the victim’s room without the victim’s permission, at the victim’s house, and reporting the bracker film at the victim’s room, without the victim’s permission.

2. The Defendant causing property damage, at the same time, at the same place as Paragraph 1, and at the same time and place as that of Paragraph 1, the police officers called out after receiving a 112 report by the victim for the said reasons, was able to protect the above windows and walked with the window 200,000 won of the market value of the victim’s own, because the police officers, who were called out after receiving a 112 report by the victim for the said reasons, left the above windows in the direction of the victim’s own interest, and then walked 5,00 won of the market value of the victim’s own interest in front of the entrance, thereby destroying the above property owned by the victim.

3. On June 16, 2013, around 05:50, the Defendant, who was living in a family of the victim under Paragraph 1, had his or her own property from the family of the divorced victim, and went to the said house through the entrance door, and intrudes on the said female’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and witness E;

1. Each police statement made to D and E;

1. Application of statutes on field photographs;

1. Article 3 (1) and Article 2 (1) 1 of the relevant Act on the Punishment of Violences, etc., Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the selection of imprisonment), Article 319 (1) of the Criminal Act on the crime;

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

1. Discretionary mitigation;

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