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(영문) 청주지방법원 제천지원 2015.03.19 2015고단39
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for one year.

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. On January 13, 2015, the Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc., damage, etc.) laid the victim’s house door before the victim’s house, which is a community line of No. 206 of No. 13:00, the Defendant destroyed the window owned by the victim by gathering cement brick (19 x 9 5.7mm), which is a dangerous object in the vicinity of the Plaintiff, for the reason that the victim did not open his/her door, even though he/she stated that “the phone number of the son changed” was not known to the victim, and destroying the window owned by the victim by destroying the window that was collected by the victim’s house windows toward the market value by destroying the windows that were stored in the market value.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) at the time and place specified in paragraph (1), and threatened the victim by opening the door door to “Ison?” and opening the door door to knife the knife and knife pipe (40 cm in length) which is a dangerous object, and taking the knife into the knife of the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. 112 Reporting case management table;

1. Investigation report (in the presence investigation), investigation report (in the presence of a suspect, investigation into telephone conversations with a house owner and telephone conversations), investigation report (in the presence of a suspect), and investigation report (in the presence of a police officer and telephone conversation);

1. Application of Acts and subordinate statutes for explaining photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Punishment of Violences, etc. that is heavier than the imprisonment for a crime (the crimes of intimidation, such as group, deadly weapons, etc.

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