beta
(영문) 서울북부지방법원 2014.05.22 2014고단232

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for 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 worker on duty, and the victim C is the head of the “D”.

1. On January 29, 2014, at around 06:00, the Defendant: (a) 1st floor “D” office of “Seoul Special Metropolitan City, Nowon-gu E-gu E-building” on the ground that the victim C does not have a daily distance; (b) caused damage by trigrams and trigrams in which the victim’s market price located in the said office using trigrams (in case where the victim was able to have a vertical length more than 1m, the name on the chest side of the adult man’s chest) is unknown; and (c) caused damage by 2-3 times the market price equivalent to 5.80,00 won of the market price installed on both sides of the entrance.

2. At around 16:15 on the same day, the Defendant: (a) found the metal scraper at the same place, which was a dangerous object in the office for the foregoing reason, destroyed the 300,000 won (1.7m a.m., 2.5m in length, 8m in thickness) at the right glass of the entrance corresponding to 300,000 won in the market.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on site 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55(1)3 of the Criminal Act (see, e., Supreme Court Decision 2007Da1548, Apr. 1, 2007)

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62(1) of the Criminal Act (the grounds for discretionary mitigation);