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(영문) 청주지방법원 충주지원 2015.07.10 2013고단915

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

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

The defendant and the victim C are in a relationship with a person who has been in a personal relationship, and they are at least three months ago.

On December 10, 2013, at around 06:00, the Defendant found D Apartment 105 Dong 108, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, as the victim's house, and added the above apartment level and opened the door to the victim.

However, at around 06:15 on the same day, the victim E-inspection owned by the victim in the apartment parking lot of the above apartment on the ground that the victim does not open the door, was destroyed by a brick (Ga 9cm, 7cm in length) which is a dangerous object in the vicinity and continuously damaged by a light (Ga 9cm, Ga 7cm in length) and damaged the kitchen window of the above apartment house in the market.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Report on the occurrence of the case, and each photograph thereof;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that an agreement is made with the victim while reflecting the criminal conduct and the fact that there is no criminal record exceeding the fine);

1. Probation and community service order under Article 62-2 of the Criminal Act;