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(영문) 대구지방법원 2014.02.20 2013고단5776
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six 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 02:00 on September 7, 2013, the Defendant entered the victim’s house and entered the house in order to resist that the victim’s mother’s mother did not retire his father’s relics before the victim’s mother was over 2 months old, and infringed his residence.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) committed an act of violence, etc. (a violation of the Act on the Punishment of Violences, etc.) committed an act of causing damage to the market price by setting the front door at the time and at the place specified in the preceding paragraph, on the ground that the victim’s entrance was not able to take any care of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of statutes on photographs of damage;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 36 of the Criminal Act, Article 366 of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation (not clear in the scope of liability for compensation) appears to have suffered considerable mental suffering by the victim through intrusion upon another person's residence at night, damage to the glass window, etc. and damage to the victim's mental suffering, and there is no agreement with the victim, and there are circumstances favorable to the defendant, such as that the defendant repents and reflects the mistake, and there is no history of criminal punishment exceeding the fine, etc., all the above circumstances are favorable to the defendant.

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