beta
(영문) 전주지방법원 군산지원 2015.05.29 2015고단168

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On December 20, 2014, the Defendant stated that, at around 13:30 on December 20, 2014, the Defendant left the sign several times according to the advertisement equipped with the advertising materials, on the ground that no direction is indicated on the traffic guidance signs of the bus stops at the bus stops in front of the bus stops located in the city of Yeongdeungpo-gu, Seoul, which are located in the area of the bus stops, at the location of the Defendant, at the location of the bus stops in front of the entrance, the Defendant had no direction indicated on the traffic guidance signs of the bus stops in front of the bus stops, which are managed by the Office of Mine-gu, the Defendant: (a) a drinking-out signboard; and (b) a metal display stand, which is a dangerous object in the vicinity; and (c) the Defendant’s statement and witness’s statement, the Defendant appears to have brought the sign at the location of the advertisement.

The above signboards were damaged to make it impossible to identify the repair cost.

Accordingly, the defendant carried dangerous things and destroyed the bus stops and traffic guidance signs managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A report on investigation;

1. Application of the Acts and subordinate statutes to take photographs of criminal tools and damaged objects;

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 366 of the Criminal Act concerning criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., facts that are primary offenders and the degree of damage has not been much severe and the damage has been fully recovered);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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