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(영문) 대구지방법원 2014.09.12 2014고단3063

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 8, 2014, at around 00:30 on June 8, 2014, the injured Defendant threatened the victim E (the victim E, who is the Defendant’s residence in the Daegu Northern-gu Seoul Northern-gu) who was in a dispute with the victim E (the 28 years of age), who was in possession of a chemical, and caused the victim to take golf loans by hand in order to deduct the golf loans, the Defendant got golf loans. On the other hand, the Defendant got golf loans into the part of the victim’s golf loans and get off the part of the buckbbbbbs, and caused the victim to take approximately two weeks of medical treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) and at the same time and place mentioned in paragraph (1) as above, the Defendant, who was parked in the above place with the victim E, with a golf loan, a dangerous object, was damaged to the extent that the repair cost of KRW 98,120,000 on the left side of the passenger car owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a medical certificate of injury, inspection, estimate of maintenance, investigation report (Attachment to the upper part, photograph of damaged parts of a vehicle, etc.), investigation report (additional photographs of a victim);

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the same Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing below) is that the defendant did not agree with the victim, or that the defendant led to the confession of the fact of the crime and reflects his mistake, in the case of the crime of injury, the intention is deemed to be weak, and that considerable amount of money is deposited for the victim.