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(영문) 수원지방법원 2014.05.01 2014고단1558
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)
Text

A defendant shall be punished by imprisonment for six months.

The excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On March 26, 2014, when the Defendant entered the Defendant’s house located in 22:39 Suwon-si C Housing No. 4, the Defendant: (a) sent the victim D (Nam, 46 years of age) who was living in the above multi-family house No. 3 prior to the several days, with the phrase “abbsing so as to get under the influence of alcohol,” and used a excessive one (No. 1, the blade length and approximately 13 cm in length) which is a deadly weapon in the Defendant’s house located in the Defendant’s house; (b) opened a door before the victim’s house and entered the kitchen, and opened a door with the care of the victim, and went into the victim’s room.

Accordingly, the defendant invadedd the residence of the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the existing Acts and subordinate statutes of one excessive (No. 1) confiscated;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the injured party does not want the punishment against the accused, etc.);

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant was punished for violence inclinations, and in particular, on January 6, 2014, the Suwon District Court sentenced the defendant to the suspension of the execution of imprisonment for six months (which became final and conclusive on January 4, 2014) (which became final and conclusive on January 4, 2014) by taking into account the fact that it is deemed that a serious punishment is inevitable, such as leading to the instant crime, etc.

It is so decided as per Disposition for the above reasons.

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