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(영문) 인천지방법원 2015.02.09 2014고단9459

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

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

However, 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

1. On November 29, 2014, the Defendant violated the Punishment of Violences, etc. Act (the destruction and damage of group, deadly weapons, etc.) collected professional gas smoke, which is a dangerous object stored in the corridor adjacent to underground stairs, and then destroyed 15,00 won in repair cost by cutting off the part of the Defendant’s door outside of the front door of the victim D (the father of the Defendant C and B03, Dong B03), who is the father of the Defendant, at Gyeyang-gu, Gyeyang-gu, Incheon, Dong B03, and caused the damage of KRW 15,00 in repair cost by unfolding the part of the Defendant’s door and cutting off the entrance door so that the former victim could not yet have his work yet by telephone.

2. Around 07:30 on November 29, 2014, the Defendant driven an EM3 vehicle without obtaining a driver’s license from approximately 150 meters section from the front of the above CF Bara parking lot to the front road of the operation operation Dong in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D, F and G;

1. Application of Acts and subordinate statutes governing disqualifications for licenses;

1. Relevant legal provisions concerning criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (a point in which damage has been recovered and agreed upon);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: It shall be decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;