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(영문) 서울중앙지방법원 2014.04.22 2014고단269

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

around 04:45 on January 1, 2014, the Defendant has a dispute with C, a private village, on the front road 1412-2, Gwanak-gu, Seoul Special Metropolitan City.

For the reason that the victim D(53 years of age) who is a scambling victim has changed, the victim and the scambling will be taken out, and the victim's inside was taken once a week.

이에 피해자가 피고인의 폭행을 피하여 마침 그 주변에 주차되어 있는 피해자의 차량인 E 스타렉스 차량 안으로 들어가자 피고인은 마침 들고 있던 위험한 물건인 각목(길이 85cm 상당)으로 위 차량 앞 유리창과 옆면을 수회 내려치고 계속하여 손으로 차량 윈도우 브러쉬를 부러뜨리고 브러쉬로 차량 유리창을 내려치고 발로 차량 옆면을 수회 찼다.

The Defendant assaulted the victim, carried dangerous things, and damaged the said Lone Star Vehicles owned by the victim in an amount equivalent to KRW 1,891,523.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement made to D by the police;

1. Damage photographs and photographs of each item;

1. Application of Acts and subordinate statutes to report an investigation (case of submission of a written estimate, and recording of telephone conversations for victims);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes, and Articles 366 and 260 (1) of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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

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

1. The sentencing guidelines are applied to the crimes of assault among the crimes on the grounds of sentencing in Article 62-2 of the Social Service Order Criminal Act. The sentencing guidelines are applied to the mitigated area of general assault (the degree of assault is minor, one month to eight months), and the crime of violation of the Punishment of Violences, etc. Act (the destruction and damage of deadly weapons, etc.) is not applied to the sentencing guidelines. The damage of property with dangerous objects is not significant, but is a primary offender.