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(영문) 광주지방법원 순천지원 2013.11.27 2013고단1554

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 is a guest of 205 “Eel” located in D when the victim C operates.

On July 14, 2013, at around 05:35, the Defendant demanded a special room on the side of the above telecom, and on the ground that there was no room on the side of the above telecom, the Defendant destroyed golf bonds ( approximately 85 cm in length), which are dangerous objects located on the telecom, by hand, putting up golf bonds ( approximately 85 cm in length) in his hand, and then destroying the direction-saving system, TV sets, water purifiers, water purifiers, front upper part, etc. of the above telecom, and damaged them by spreading the wall under the above telecom.

On the other hand, the Defendant continuously destroyed the front glass of the Hpoter cargo vehicle owned by the victim G, which was driven by F with the above golf debt, to cover KRW 140,00,00, and damaged the full glass and the front glass and the ceiling of the victim I driven by the victim I to cover KRW 722,630,00 in the repair cost. The Defendant destroyed the front glass and the ceiling of the Jpool taxi owned by the victim I, which was driven by the victim I. The Defendant destroyed the damage by attaching the full glass of the cargo vehicle owned by the victim L and the front glass of the cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and F;

1. Each statement of K and I;

1. Comprehensive shop taxes for each vehicle;

1. The police seizure record and the list of seizure;

1. On-site photographs;

1. Application of each written estimate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Grounds for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Punishment] Imprisonment with prison labor for 6 months to 22 years (decision of sentence], 8 months of suspended sentence, 2 years of suspended sentence, and probation of this case.