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(영문) 광주지방법원 순천지원 2015.08.25 2015고단371

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

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A defendant shall be punished by imprisonment with prison labor for up to six 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. On January 22, 2015, the injured Defendant was under the influence of alcohol at the victim’s home located in Danung-gun, Chungcheongnam-gun, Chungcheongnam-gun on January 22, 2015, and was under the influence of alcohol at the victim’s home, and was under the influence of alcohol at the victim’s home. In drinking, the injured Defendant was under the influence of alcohol at around three weeks, namely, the victim’s catum for treatment for approximately three weeks.

2. Around 22:20 on January 22, 2015, the Defendant, who entered a residence, sought the house of the victim again, but the gate went beyond the wall of the gate and went into the house and intrudes on the residence of the victim.

3. Violation of the Punishment of Violences, etc. Act (damage and destruction of a deadly weapon, etc.) caused damage to the Defendant by gathering a brick, which is a dangerous object at the same place, from the time, place, and sound specified in paragraph (2), on the ground that the victim does not come out of it without responding to it, and by gathering the brick, which is a dangerous object that was taken out of the said place, such as a suspender, kitchen, kitchen, kitchen, kitchen, etc., and destroying a 12 free window in the aggregate of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of E and F;

1. A written diagnosis and written estimate;

1. A criminal investigation report (with regard to circumstances surrounding the occurrence of a case, etc.) and a criminal investigation report (on the spot investigation report);

1. Application of the Acts and subordinate statutes to photographs of damaged parts of a photograph, and photographs of glass windows destroyed;

1. Relevant Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, the selection of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do329, Apr. 1, 20

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Bearing the costs of lawsuit;