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(영문) 수원지방법원 2015.04.16 2015고단504

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 18:45 on December 31, 2014, in the state of lack of the ability to distinguish things or make decisions due to intellectual disorder, caused the instant bus by damaging the back glass of the right and causing damage to KRW 100,000,00,000 to the victim F (15 years of age) of the victim F (15 years of age), who was at least 66 passengers owned by the victim limited partnership company, in front of the Young-gu C building D, Young-gu, Suwon-si, Seoul Special Metropolitan City, the Defendant: (a) destroyed the instant bus so that the repair cost can be damaged by destroying the back glass of the victim, who is a passenger of the glass, and caused damage to the victim F by breaking it down to the right side of the victim F (15 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles, photographs of stones taken by suspects on buses, and photographs of victims;

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, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of an injury by carrying a deadly weapon);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

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. A crime of violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapon, etc.) for the reason of sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "special mitigation"), : A crime of violation of the Punishment of Violences, etc. Act (a collective injury, deadly Injury, etc.) for which the sentencing guidelines have not been established [the scope of recommending punishment] a crime of habitual injury, repeated injury, special injury (a habitual injury, repeated injury, special injury), type 1 of the Act on the Punishment of Violences, etc. (a person who has been subject to special mitigation) and a special mitigation area ( September to February 6) [a person subject to special mitigation], where a person has committed an intentional injury, or whose considerable damage has been restored [a decision of sentence].