beta
(영문) 대전지방법원 논산지원 2014.10.10 2014고단307

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 23, 2014, at around 17:20, the Defendant found the E-mail vehicle owned by the victim D, which was driven by C, which was frighted in front of the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and, without any reason, destroyed the said cargo vehicle to have a repair cost of KRW 856,90,00 with a hack pipe (167cm in length, 20cm in diameter), which is a dangerous object being driven by his hand under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to C and D;

1. Application of each description of each photograph and written estimate or any image statute;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Incompetence] The grounds for sentencing under Article 62-2 of the Social Service Order and Order to Attending Education, and Article 59 of the Act on Probation, etc. [The reason for property damage] and seven times in total (one time before and after the sentence is sentenced] the restoration of damage, the exemption from punishment,