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(영문) 대구지방법원 김천지원 2017.06.22 2009고단1393 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 01:00 on December 3, 2009, the Defendant found in the “E” restaurant operated by the victim D in Kimcheon-si, Kimcheon-si, and the victim collected concrete sculptures, which is a dangerous object in the vicinity, and damaged the repair cost by destroying one Chapter (1.8m x 1.8m) favorable to ensure that the repair cost is equivalent to 210,000 won.

around 19:00 on December 6, 2009, the Defendant laid down a pipe, which is a dangerous object near the above site for the foregoing reasons, and destroyed the repair cost of KRW 650,000 in glass 3 (1.8m x 1.8m x 2m x 1m 1.8m x 1m x 1.8m).

In this respect, the defendant carried dangerous objects two times and damaged the victim's property.

Summary of Evidence

1. Statement of the defendant in the fourth public trial record;

1. Each police statement made in relation to F, D, and G;

1. Application of Acts and subordinate statutes to photographs, such as damaged glass, investigation reports (a photograph, such as a pipe, etc.), and investigation reports;

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are two years of imprisonment with prison labor for robbery and three years of suspended sentence on August 2, 2007, which became final and conclusive on August 10, 2007, and the judgment became final and conclusive on August 10, 2007. The Defendant was present at the fourth public trial date held on May 13, 2010 and did not appear on the date of the sentence even after the Defendant was notified of the date of the fourth public trial held on May 27, 2010, and the trial was not proceed because the Defendant could not summon for the last time thereafter, taking into account all the circumstances such as the motive and background of the crime, the Defendant’s character and conduct, environment, etc.