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(영문) 서울중앙지방법원 2014.11.21 2014고단6196
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2014, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Southern District Court for the crime of interference with business, etc. and the said judgment became final and conclusive on the 26th of the same month.

1. Around 20:30 on May 18, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) opened a door without receiving a customer E from the victim E on the ground that the victim E was sent to a meeting with the seat of the second floor of the building C in Jung-gu Seoul, Jung-gu, Seoul, and sought a bank left there, and entered the above restaurant through the second floor window where the Defendant was going up with the driver F, along with the gas pipe F.

Accordingly, the defendant invadedd a building jointly with F.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) at the time and place mentioned in paragraph (1) above, and put knife a knife, which is a dangerous object after entering the above restaurant, and puts the knife the left hand hand of the victim E (the age of 28) who said knife the knife, and puts the victim’s knife into a knife which makes it impossible to know the number of days of treatment, and continuously puts the victim G (the age of 20) into a beer disease, which is an object dangerous to the head of the victim G (the age of 20) who fn

Accordingly, the defendant injured the victims of dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against F, H, and G;

1. Statement of the police statement of E;

1. Police seizure records;

1. Previous records: Application of investigation reports (Attachment of criminal suspect-related cases) and other Acts and subordinate statutes;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. against Criminal Crimes, Article 2 (2) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc., Article 319 (1) of the Criminal Act (joint residence intrusion, choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;

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