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(영문) 광주지방법원 순천지원 2013.06.26 2013고단595

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

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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

The Defendant married on July 4, 1991 and divorced around September 10, 201 to the victim B (n, 43 years of age) and around July 4, 1991.

Around 02:00 on March 1, 2012, the Defendant found the e-learning vehicle owned by the victim and found the e-learning vehicle owned by the victim in front of the “Ddan” before the victim did not return home at the latest, and the victim deemed the said e-learning vehicle to operate the said vehicle while driving the said vehicle at the said dan bar, and the Defendant was driving the e-learning vehicle owned by the Defendant.

At around 02:30, the victim intending to set up a vehicle in front of the G Village in Goari-gun, Goari-gun, the Defendant: (a) obstructed the victim from driving the vehicle with the said carone; and (b) caused the victim by driving the vehicle; and (c) damaged the said car so that the amount equivalent to KRW 1,661,00 for repair costs, such as fishing exchange, etc., would be 1,66,00,000 for the victim’s driver’s seat on two occasions, which is a dangerous object by inducing the victim from driving the vehicle while driving the vehicle.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to an investigation report (a written confirmation of hospitalization, a quotation, and a marriage relation certificate), and a report on an investigation (specific as of the date of crime);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 21, 2006);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 25 (3) 2 of the Act on Special Cases concerning the Dismissal of Lawsuit, etc. of Application for Compensation (the scope of liability for compensation is not clear);