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(영문) 의정부지방법원 2013.11.26 2013고단3270

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant,

1. Damage to property;

A. On September 5, 2013, 19:00, when the management expenses were in arrears on the 14th floor of the 14th floor of the Kui-si Office Office of Government on September 5, 2013, the electric wires will be used by linking them voluntarily. The victim D, who is the head of the above building management office, was removed from the Raber through which the corrective devices are installed for the subdivision, thereby damaging the cost of repair equivalent to 50,000 won at the market price;

B. On September 10, 2013, at around 19:00 on September 10, 2013, in order to cover repair costs equivalent to KRW 50,000 in the market price by breaking a horse booming a booming device which the victim D puts a correction device on the part of the victim D for the same reason at the same place as paragraph 1(a);

C. On September 21, 2013, at around 19:00 on September 21, 2013, in order to cover repair costs equivalent to KRW 50,000 in the market price by breaking a horse booming a booming device which the victim D has set up on the same ground at the same place as paragraph 1(a);

2. On September 23, 2013, in violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), the victim D(the age of 49) took measures to cut off by again storing the necessary corrective devices to repair and break off the damaged alarm, such as paragraph 1(c) before the Government of 10:30, Sept. 23, 2013, while the victim and D (the age of 49) have a dispute with the victim, he/she brought about a part of the face of the victim, which is a dangerous object to the chemical (the length of 42 cm), and put about two weeks face to the victim for treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damage to property, photographs of damage caused by bodily injury, and photographs of criminal tools;

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 36 of the Criminal Act, and Article 366 of the Criminal Act, concerning the crime;

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

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