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(영문) 대구지방법원 서부지원 2014.05.22 2014고단226

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:20 on February 11, 2014, the Defendant: (a) laid down the front of the instant subdivision, which was parked in the front of the instant subdivision resources by the victim E on the ground that the Defendant did not receive refund of the cost of subdivision invested by the victim E; and (b) destroyed the Defendant’s leap (17cm in length, 30cm in length) and damaged the Defendant’s leapture, which is a dangerous object at the between the two vehicles of the Defendant parked in front of the said subdivisions (30cm in length) and the victim’s market value, approximately KRW 135,00,000 in total, and KRW 135,00 in the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;