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(영문) 대구지방법원 서부지원 2013.08.14 2013고단459

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around 05:30 on September 25, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) stated that “A victim E (hereinafter “V convenience stores”) who met or was known to each other in the previous singing room at the Daegu-gu Seo-gu Office C, “I will take the front of the president.” However, the Defendant committed a hack pipe (total length) that is a dangerous object that was put before the above convenience store to be used for the purpose of prohibition of parking, while committing a hacker (total length) that was a dangerous object that was put to be used in front of the above convenience store.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) (abruptive action, damage, etc.) the Defendant, upon entering “D convenience stores” as described in paragraph (1), destroyed or damaged an electronic sign board of tobacco equivalent to 261,700 won at the market price owned by the victim F with a hack pipe, which is a dangerous object, by destroying or damaging the hack pipe, such as an electronic sign board

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and G;

1. Each police statement concerning E, G, and F;

1. Details of damage to goods;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of carrying a dangerous object), Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act for the crime;

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

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

1. It is so decided as per Disposition for the reason that Article 62(1) of the Criminal Act (a) is not less than the same as that of the suspended sentence;