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(영문) 서울남부지방법원 2015.03.26 2015고단246
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)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

At around 19:00 on December 22, 2014, the Defendant: (a) sent a disturbance, such as a door door, which was opened before his own house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; (b) however, the Defendant: (c) threatened the victim C (59 years old) who was the next house, which was not good for usual appraisal, with a knife and the knife that was a dangerous object at his own house, and was placed in the second floor through the next gate, without opening the knife and the knife, which was a dangerous object in his house; and (d) threatened the victim who was not opened the knife and opened the knife, “I will die without being opened.”

Accordingly, the defendant carried dangerous things into the residence of the victim, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records and list of seized articles, application of Acts and subordinate statutes to the seized articles;

1. Article applicable to criminal facts;

(a) The possession of a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 319 (1) of the Criminal Act;

(b) The possession of a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

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 punishment as ordered in consideration of the fact that a crime committed while carrying a deadly weapon for the reason of sentencing under Article 48(1)1 of the Criminal Act is heavy, the defendant has no obvious previous conviction, the defendant does not cause any direct bodily harm to his body with a deadly weapon, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, etc. of the defendant;

It is so decided as per Disposition for the above reasons.

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