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(영문) 수원지방법원 2013.09.27 2013고단2984

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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 13, 2013, the Defendant: (a) around 12:33, the Defendant:D operated by the Victim C in Suwon-si B, Suwon-si, and damaged the property equivalent to the total market value of KRW 176,00,000 in the market by cutting off the signboard of the restaurant run by the Defendant, which is a substance dangerous to the business by leaving the signboard of the restaurant run by the Defendant, which is owned by the victim; and (b) cutting off the glass for the driver’s seat of the above vehicle, which is a substance dangerous to the business; and (c) cutting off the front glass of the above vehicle, which is a thing dangerous to the surrounding surroundings.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A statement prepared by the F;

1. Seizure records;

1. Application of the statutes governing a written estimate;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 3 (1) and Article 366 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant repents his mistake and the victim does not want the punishment of the defendant under an agreement with the victim);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances in the preceding);

1. Order to attend lectures under Article 62-2 of the Criminal Act;