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(영문) 광주지방법원 2012.12.07 2012고단5395
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

1. Around 18:00 on April 6, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) and the Punishment of Violences, etc. Act (collectively weapons, etc.) stated that the Defendant, when considering that the victim D (V, 48 years old) located in Gwangju Mine-gu was living together with another male, the Defendant knife (total length, 16.5 cm, 6 cm in the knife length) was knife and knife the victim’s dwelling through the back of the above knife, carried the knife and intrudes the victim’s dwelling, and said knife was knife with the victim’s knife and the victim’s knife “s dead and dead.”

Accordingly, the defendant invadedd the residence of the victim with a deadly weapon and threatened the victim.

2. On July 7, 2012, the Defendant: (a) around early 09:00, when the victim was at the residence of the said victim D, located in the Hosung-gun F, Sungsung-gun; (b) obstructed his business; (c) invaded the victim’s residence beyond the wall of the said residence; and (d) embling into the room through open windows; and (c) embl up the television into the room; and (d) embl up the television into the room; and (d) damaged the property in the market value, which is the victim’s ownership, such as tearing the knife, clothing, bags, and pressing, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Investigative report (general), internal investigation report (related to deadly weapons submitted to the victim D), report on internal investigation (related to a suspected person A), investigation report (verification of the suspect car page intrusion route);

1. Application of Acts and subordinate statutes (4,8,24) to each photograph;

1. Relevant Article on the crime, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) and 319(1) of the Criminal Act concerning the crime;

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