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(영문) 광주지방법원 2014.02.14 2013고단4219

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for not more than ten 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

On August 3, 2013, at around 23:10, the Defendant, who was in the Dong-gu, Gwangju-gu, was living in the main room of the residence, and the Defendant, on the ground that the Defendant interfered with the Plaintiff D, a house owner, by setting up an open window with a window with a window for crime prevention and extinguishing fire, which is a dangerous object that he was living in front of the house, and carried out a shock knife (20cm in the knife length, 9cm in the knife height) from the window to the repair cost of 25,00 won.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on knife, glass, and knife photographs for cooking;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 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. Although the reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is several times of criminal records of the same kind of violence, the defendant should be punished strictly in that he/she again leads to the crime of this case. However, the defendant's mistake is recognized and reflected, the victim does not want the punishment against the defendant by mutual consent with the victim, the circumstance of this case and the circumstances after the crime are considered as favorable circumstances, and all the other factors of sentencing against the defendant are considered as ordered.