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(영문) 인천지방법원 부천지원 2015.06.12 2015고단1000
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a person who resides in the above D Building 201, which is below the 301st floor of the 201st floor of the 201st floor of the 301st floor of the 301st, the 301st floor of the 30th floor of the 30th, the 301st floor of the 30th floor, had

On March 26, 2015, the Defendant came before the home of the said victim, and opened a house gate of the said victim, which is a dangerous object, and entered the house gate, and intrudes on the residence of the said victim. The victim E (the age of 35) obstructed the front of the Defendant, and the Defendant assaulted the said part of the day following the day on which he set off the family gate, which is a dangerous object, by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs at the time of seizure of the bags submitted voluntarily;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc., Article 3 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act concerning the crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da11448, Apr. 2, 201; Decision 2009Da1448, Apr. 2, 201

1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);

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

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