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(영문) 부산지방법원 2016.07.21 2016재고단40

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant was sentenced to imprisonment with prison labor for 8 months at the Busan District Court on April 8, 2016, and the judgment became final and conclusive on April 8, 2016.

around 21:10 on October 7, 2014, the Defendant destroyed the part of the back door of the said car so that the repair cost is approximately KRW 380,136,00,00,000 for the following: (a) the gate (25cm in width, 15cm in length) which is a dangerous object on the ground that the Dabin in Busan Jung-gu and the front part are bad; (b) the Dobin in front and the Dobin in front.

on September 23, 2014, the Defendant 2014, the 2014 Highest 8873, the Defendant, at the “I” restaurant operated by the victim H (n, 65 years old) located in Busan Jung-gu, Busan on September 23, 2014 on the ground that the said victim is demanded to calculate, drop up the plastic water reservoir for the reason that the said victim is demanded to do so. The Defendant laid down the plastic water reservoir on the floor, broken it on his hand, laid down the dangerous material (the length of 24 cm) on his hand, kid the said victim, and see why is “hhhhhhhh”;

In order to avoid a disturbance, such as being "to die," and to put the victim with the right scarcity, etc. that require treatment for about two weeks.

Summary of Evidence

"2014 Highest 8307"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions in the holding: Conet search outputs, and "2014 Highest 873" of each of the court rulings;

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A medical certificate;

1. Previous convictions in the judgment: Readings of the net case, and application of each statute of the judgment;

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, and Articles 369(1), 366, and 1(2) of the Criminal Act concerning the selection of punishment (elective of imprisonment), Articles 258-2(1), 257(1), and 257(2) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant has been punished several times for violent crimes, and the Defendant has repeatedly committed each of the instant crimes with dangerous articles carried in a short period of time. Therefore, the issue is somewhat weak.