logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2014.03.28 2013고단646
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around July 4, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) opened a 103me door wherein the victim C (31 years old), the victim D (25 years old), and the victim E (24 years old), etc. live in the 105 unit of the 105 unit of the sprink, which is a dangerous object, and intrudes on the victim’s residence.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the same time, at the above place, threatened the victim’s 103 joints and joints and joints with string knick knife, which is a dangerous and dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, D, and C;

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

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 319 (1) 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 concerning the punishment of a 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 (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act (for evidence No. 1 of the seized articles, evidence No. 2 of the same Act is insufficient to prove that the articles provided or intended to be provided for the criminal act of this case, the articles produced or acquired by the criminal act of this case, or the articles acquired in return therefor) of the Criminal Act;

1. Application of the sentencing criteria [the crime of violation of the Punishment of Violences, etc. Act (the crime of intimidation, deadly Weapons, etc.)] / [the crime of violence, intimidation, habitual offense, repeated offense, special intimidation] (the special sentencing factor] mitigated elements: The mitigated element of the punishment (the decision of the recommended area and the scope of the recommended punishment).

arrow