폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
1. The defendant shall be punished by imprisonment for one year;
However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 8, 2015, the Defendant: (a) around 15:30 on March 15, 2015, around 15:30, 2015, the Defendant: (b) damaged the knick (34cm in length) which is a dangerous object in the house on the ground that the victim D (here, 28 years of age) residing under the ground of the same building 3 days prior to the said building caused noise while performing a house construction; and (c) and (d) damaged the knick and the knick knife in the market price that the nine households, including the victim, jointly manage and use.
The defendant, carrying dangerous objects, thereby damaging property.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D and E;
1. Application of Acts and subordinate statutes to photographs and photographs of criminal tools;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (the fact that a person commits a crime and commits a crime against his/her wrong and wrong behavior, the fact that he/she again does not commit the same mistake, and the fact that he/she instructs noise from neighboring construction works and commits a contingent crime);
1. Dismissal of public prosecution under Article 62-2 of the Criminal Act against probation and community service order;
1. On May 24, 2015, the Defendant found the victim H (mama, 5 years old) that entered a store with her mother located in G in Jung-gu Seoul Metropolitan Government on May 24, 2015, and assaulted the victim by taking her ear up without any reason.
2. The offense of assaulting the victim shall not be prosecuted against the clearly expressed will of the victim under Article 260(3) of the Criminal Act as an offense falling under Article 260(1) of the Criminal Act.
However, since the legal representative of the victim H expressed his/her intention not to be punished for the defendant after the institution of the instant prosecution, the prosecution against the assault is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.