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(영문) 대구지방법원 포항지원 2014.06.25 2014고단428
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who is a neighboring victim C (L, 63 years old), had the victim receive the money that he borrowed to the neighboring victim C (L, 63 years old) in order to get the victim to pay the money that he did not pay.

1. On September 20, 2013, the Defendant: (a) opened an apartment entrance, which was not corrected at the victim C’s residence located in North-gu D apartment 103 1207 dong-gu, Northern-si, Mapo-si; and (b) entered the living room, and intrudes on the victim’s residence.

2. The Defendant: (a) was prepared in advance at the time and place specified in the preceding paragraph; and (b) destroyed the shock net owned by the victim C, which was installed inside the entrance, to the extent that the amount equivalent to KRW 160,000 of the repair cost would be teared.

3. The Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) committed assault against the victim’s residence at the time and place specified in paragraph (1), as described in paragraph (1), and committed assault against the victim, who was living in the kitchen at the kitchen, by taking the victim’s desire to “Yecaking,” who was in his possession of a dangerous object that he had prepared in advance, and by threatening the victim to keep the victim out of the floor, with the victim’s hand, as with the brush, by threatening him.

4. Violation of the Punishment of Violence, etc. Act (injury by a group, deadly weapon, etc.) heard the sound of dispute as described in paragraph (3) at the above time and at the above place, and the victim E (the 61-year-old) who is the husband of C was the victim in a ward, thereby threatening the victim to the above victim, who was the victim of the victim, as the victim was in possession of a dangerous object while taking a bath of “this son and sponse”, as the victim was in possession. When the victim’s shoulders and sponss a part of the victim by drinking, the victim was spambling the victim in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. Police seizure records;

1. A report on investigation (related to attachment of a medical certificate), damage photograph;

1. Application of the written estimate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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