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(영문) 울산지방법원 2015.06.24 2014고단3943

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person who resides in Ulsan-gu Carryover B 303 Dong, Ulsan-gu, and is a person who resides in the upper floor of the same building as the victim D (V, 42 years old).

On November 20, 2014, at around 16:00, the Defendant: (a) took a floor of the victim’s residence in front of the entrance door; (b) took a floor of the victim’s door-to-door noise problems, and took a bath, and thereby, damaged the repair cost of the market by making the victim’s door-to-door, which is a deadly weapon carried in the Defendant’s residence, to have a light color color ( approximately 23 cm in total length, about 14 cm in daily length, about 14 cm in length); and (c) a light color ( approximately 22 cm in total length, about 10 cm in daily length) and stick ( approximately 85 cm in length), which is a dangerous object, put in his hand the victim’s door in his hand, and making it difficult for the market to repair.

Summary of Evidence

1. Protocol of examination of the witness witness D;

1. Seizure records;

1. The investigation report (with regard to the report, the visit and the details of seizure);

1. Application of the Acts and subordinate statutes governing the damaged entrance photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the age, details of the crime, the damage of the defendant is relatively heavy, and the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;