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(영문) 인천지방법원 2014.08.21 2014고단4960
폭력행위등처벌에관한법률위반(우범자)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who lives in Bupyeong-gu, Incheon Metropolitan City C Apartment 501.

The defendant had a complaint against D, etc. due to sound that D, which had been living in Pyeongtaek apartment No. 401, kidscing the dog.

On June 1, 2014, when the Defendant returned home while drunk at around 00:15 on June 1, 2014, the Defendant: (a) 401, a long time-long-term opening of 401, string an anti-ophing of the said dog, and string down the said dog on the floor of the front corridor of the 401 entrance, and returned to her house.

D He listens to his mother’s speech that he was frightened by the Defendant as above, and told her mother that she was frightened with the Defendant’s house and she was frightened on the grounds of breaking her house, etc., but the Defendant did not open the door to D only several times in the house, and did not open the door to D.

The Defendant left a knife (17.8cm in knife length, 30cm in knife) which is a dangerous thing that D had come to his own house, and then found D's house knife in the future and knife D's house.

Accordingly, the defendant carried a knife that could cause harm to D, such as threatening D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the scene and criminal implements;

1. Relevant Articles of the Act on the Punishment of Violences, etc. and the Selection of Punishment: Article 7 of the Punishment of Violences, etc. Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Confiscation: Article 48 (1) of the Criminal Act;

1. A provisional payment order: A punishment shall be determined as ordered in consideration of various sentencing conditions, such as the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act repents his mistake in depth, that he agrees with D, that he will not repeat again in the future;

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