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(영문) 인천지방법원 2015.01.21 2014고단7414

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for four 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

On March 26, 2014, from around 22:00 to around 09:30 on March 27, 2014, the Defendant found the victim E-owned motor vehicle of F-Wurged, which was parked in the front of the DMaart located in the Dong-gu Incheon Metropolitan City, and damaged the front and rear part with a stone with a stone, so that the repair cost would amount to 300,000 won. From then to August 11, 2014, the Defendant corrected accordingly the sum of the 12,912,754 won of the car owned by the victims with a stone with a stone strust over 11 times as shown in the attached list of crimes committed in the attached Table, and the sum of the 3,676,561 won of the bill of indictment “3,75,561 won” was “3,66,561 won.”

More than anything else, it was damaged.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and H;

1. A statement of G, I, J, K, L, M, N,O, and P;

1. Photographs of each damaged vehicle;

1. Written estimate of damage (5), written estimate of general repair (40), and written estimate of general repair cost (54);

1. Written estimate of vehicles in Quland;

1. Written estimate of the R-to-tur vehicle;

1. A certificate of reduction in the purchase of an end-of-life vehicle (E) among the F-to-end motor vehicles;

1. Written estimate of the costs of general repair of Srocketing R (H);

1. Application of the written estimate of general repair costs to the Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a person is in high age and is receiving treatment as a supporting group of alcohol dependence, and that a victim N has agreed with the victim E, I, J, H, K, P, and G have been discharged by half of the amount of damage);

1. The portion of innocence under Article 62-2 of the Criminal Act

1. The summary of the facts charged in the instant case is that the Defendant, carrying with himself the stone, which is a dangerous object, damaged the victims’ property as stated in its holding.

2. The issue of which goods to be determined constitutes “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act shall be determined in light of social norms in a specific case.