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(영문) 제주지방법원 2012.04.04 2012고단220

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On February 18, 2012, between 14:30 to 15:30 on February 18, 2012, the Defendant, along with a person who had a meaning to object to the said construction, had access to the place where access is prohibited by landing on the part of the inner term of the construction site for civil-military complex-type tourism complex-type tourism complex-type construction site by using car medication in Gangseo-gu, Seopo-si, Seopo-si

2. On March 9, 2012, in the construction site located in the area located in the area located in the area located in the area located in the area located in the area of 100 located in the Donpo City, Seopo-si, Donpo-si (hereinafter “Donpo-si”), a person opposing the Corporation expressed in advance the site as “path of peace, etc.” on the pents, and had a hacker, cuter, etc. that can be used to attach the pents in the surrounding area.

At around 10:00 on the same day, the Defendant combined with the names opposed to E, F, G, and the above construction works, with which it is impossible to know that the names opposed to the above construction works cannot be identified, and carried them into the above construction site by drilling up to two horizontal and vertical lengths with the size of 1st, i.e., each of the above pents, and cutting machines.

As a result, the Defendant exercised multiple power, and destroyed property as a dangerous object jointly with those who are not aware of the E, F, G, and name in opposition to the above work, and unauthorized access to the place where access is prohibited.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the police statement concerning H;

1. A written statement of I;

1. Application of Acts and subordinate statutes, such as pents, damage photographs, investigation reports (general-criminal photographing);

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and Article 1 subparagraph 49 of the Punishment of Minor Offenses Act (a point of without entry and exit, and selection of fines) against a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The order of provisional payment;