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(영문) 대구지방법원 서부지원 2014.11.28 2014고단1610

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 28, 2014, at around 08:00, the Defendant destroyed the repair cost of KRW 1,200,000 by affixing the front portion of the Etra XG car owned by the Defendant, a dangerous article, to the front portion of D5 tons owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (attaching photographs, etc. of the initial measure);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of cream photographs used for committing the crime);

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 there is no record of severe punishment in addition to confession and fine, relationship with the victim, and the fact that the victim does not want the punishment);