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(영문) 의정부지방법원 2015.08.26 2015고단592
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage, etc. to a deadly weapon) is currently being separated between the victim C and his/her husband;

On December 12, 2014, the Defendant: (a) around 20:40 on December 12, 2014, at the time of the victim’s house located in Speaker-si D, and caused damage to the victim’s house with a view to the loss of the view of the market price and the safe height on the ground that the victim did not open the door.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) saw the victim C to have a knife a knife, knife a knife, etc. of the front port or the open door, and knife the victim C with the sound “shacking down, opening a door,” damaged the safe and high gate of the entrance, and entered the victim’s house through the open door, and opened the door “sembling and killing down” at that place.

Accordingly, the defendant carried dangerous articles and threatened the victim's body, as the victim's body is threatened.

3. Around 01:00 on July 10, 2014, the Defendant suffered from the injury, at the home of the above victim C, the victim who was divingd with the hands floor on one-time basis, and at around three weeks of the victim’s left side click, the Defendant was suffering from scambromatic scam in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. Investigation report by the prosecution (to hear and report the victim C telephone statement);

1. Police investigation report;

1. Police seizure records;

1. Application of Acts and subordinate statutes concerning an injury diagnosis certificate and photographic materials related to damage;

1. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. against Criminal Crimes; Article 366 of the Criminal Act; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 283(1) of the Criminal Act.

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