beta
(영문) 청주지방법원 제천지원 2014.01.16 2013고단861

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Punishment of Violences, etc. Act (collectively weapons, etc., damage and destruction thereof);

A. At around 15:00 on September 6, 2013, the Defendant: (a) destroyed the e-cafeteria operated by the victim D in C tourist resorts located in Chungcheongnam-gun B; (b) on the ground that the horse dose of employees is bad, the Defendant: (c) damaged the floor by cutting the cater board, hot water, and coffees owned by the victim on the above cafeteria; (d) up one head, which is a dangerous object displayed in front of the above cafeteria F; and (e) damaged the property owned by the victim by the victim, such as the shouldering of the public water and the water level of KRW 80,000,000, at the market price of the victim’s ownership.

B. In front of the H restaurant operated by the injured party G in the vicinity of the above E-cafeteria, the Defendant continued to gather one gate, which is a dangerous object under the supervision of the lezzle installed outside the above restaurant, and damaged the lezzle by 4.50,000 won at the market price owned by the injured party.

2. The defendant in violation of the Road Traffic Act shall meet the requirements set forth in the above 1-A.

In the case of the defendant's house located in Boyang-gun I at the same time as the paragraph, Jone Star-Engine car was driven under the influence of alcohol concentration of about 0.188% at the 4km section from the parking lot of the Soyang-gu Seoul Metropolitan Hospital located in the Soyang-gun, Soyang-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes to the report on detection of the driver, the report on the situation of the driver, and the report on the damage of property;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 3 (1) and Article 2 (1) 3 of the same Act, Article 366 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of running a sound driving and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.