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(영문) 부산지방법원 동부지원 2015.10.20 2015고단1408
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The Defendant is a person who operates the “Catur” in Busan Southern-gu B, and the victim D(80) is a person who operates the “Fstus” in E, the next building, and resides there.

At around 16:00 on May 13, 2015, the Defendant made a reply to the victim on the ground that the victim constructed a new building and generated noise and interfered with the telecom operation, etc. on the front of the “FV”, and the victim made a reply to the victim, such as “I will cover up the signboard of the (furine) so that it would cover the victim’s house,” and the victim’s entry into the victim’s house, “I am open to the 15th floor, I am going to the 15th floor, I am to the victim’s house, and I am to the victim’s house, and am to the victim’s house, and am to the 25m door, I am to the victim’s house, and am to the 15m door, am to the victim’s house, and am to the victim’s house.”

As such, the defendant, as the victim was frightened, threatened the victim, damaged the toilet door at the market price of the victim, and invaded the victim's residence with dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, D, and H;

1. Application of Acts and subordinate statutes to photographs damaged by toilets;

1. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3(1) and 2(1)1 of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Article 283(1) of the Criminal Act (the occupation of intimidation and the choice of imprisonment) concerning criminal facts;

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

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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