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(영문) 창원지방법원 진주지원 2015.06.11 2015고단179

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

[criminal power] On June 25, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of causing property damage, etc. in the Jinwon District Court's Jinwon Branch on the part of the Defendant, and the judgment became final and conclusive on January 5, 201

【Criminal Facts】

At around 23:10 on January 4, 2015, the Defendant knew that the victim D(53 years of age) in Jinju-si is living, and found out the fact that F, who is a prior wife, is living, of the victim D(53 years of age) operated by Jinju-si, the Defendant set up several entrance doors of the above church in order to meet his female, but the F, on the ground that F, did not open the door, up to two doors of construction work, which are dangerous objects, the Defendant collected two doors of the entrance and one side glass of the entrance, which are favorable to the victim, and added two glasss of the total market value of 50,00 won.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On the spot and photographs of damaged articles;

1. Copy of the receipt of the damaged article;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of deadly concurrent crimes and reporting on confirmation of the same kind of records), identification and confinement status of each individual, judgment, and application of Acts and subordinate statutes, etc.;

1. Articles 3 (1) and 2 (1) 1 and 366 of the Punishment of Violences, etc. Act concerning the crime concerned;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. In light of the fact that the defendant committed the instant crime even though he/she had a record of punishment several times for the reason of sentencing under Article 62(1) of the Criminal Act under the suspension of execution, the defendant's liability for the crime of this case shall not be mitigated.

However, the crime of this case is committed by the defendant who committed the crime of this case in depth, and the defendant does not want the punishment of the defendant, and the crime of this case is somewhat contingent under the influence of alcohol, and the crime of this case is judged simultaneously with the crime of this case before and after the judgment.