logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.08.08 2014고단133
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)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.

(e).

Reasons

Punishment of the crime

On January 7, 2014, around 15:00 on January 7, 2014, the Defendant was in the house of the victim D in Seopopopo City C, and the Defendant was in the same year.

1. 5. The case related to the fact that the kitchen glass of the above house was changed: Jeju District Court 2014 high-water and 283 (A fine of one million won) reported to the victim and the victim was arrested in the act of committing an act of committing an offense, and the shoulder glass view, which is a dangerous object, was placed in his hand, and infringed on the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony (the defendant's house, the victim's house stated in the facts of crime, and the victim's house was allowed to enter without the victim's consent, so it does not infringe upon his residence. However, according to the evidence, the victim's argument cannot be accepted since the victim's testimony is acknowledged that the defendant, in case where the defendant does not drink alcohol, allowed the defendant to enter his house and her house so that he can do so, and the clothes, etc. can be carried out in the warehouse. However, the victim's testimony cannot be viewed as having the right to enter the above house regardless of the victim's will. According to the victim's testimony, the defendant's argument cannot be accepted since it is recognized that the defendant's house was hot and did not have consented to the entry of the victim's house at the time of the case.)

1. Relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing), considering all the following circumstances, shall be determined as ordered by the sentence. A favorable circumstance: the victim does not want the punishment of the defendant; there is no criminal record exceeding the fine.

arrow