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(영문) 전주지방법원 정읍지원 2013.10.15 2013고단496
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)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

The defendant thought that the victim C's son was criticized for the defendant before 23 years.

On September 4, 2013, at regular Eup on September 20, 2013, the Defendant entered the victim C’s house, which was a dangerous object prepared in advance, with a pipe (122 cm) and invaded upon the victim’s residence.

Then, the defendant damaged the victim's unexplosion, kitchen, and bathing room glass by using the hack pipe.

Accordingly, the defendant infringed upon the residence of another person with dangerous things and damaged the property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act (the occupation of entering a residence with a deadly weapon), Articles 3 (1), 2 (1) 1, and 366 of the Punishment of Violences, etc. Act concerning the crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that there is no record of punishment for the same kind of crime, and that there is an agreement with the victim);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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