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(영문) 인천지방법원 2014.09.25 2014고단5061

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

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

except that 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

On July 7, 2014, the defendant was driving a rocketing car at 388, Seo-gu, Incheon, Seo-gu, Incheon, Seo-gu (Gu), 388, and the victim D (ma, 48) was driving a metropolitan bus.

1. Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) was committed by the Defendant at the above time, at the above place, and at the same time, the Defendant damaged the property so that the repair cost equivalent to 439,000 won of the window of the above bus driver's seat driven by the victim would be 439,00 won, such as painting, by cutting away an Alumin aluminium steering net (75 cm in length), which is a dangerous object that was kept in the tweke line, which was lowered from the car to the Defendant’s tweke line due to the wind.

2. The Defendant damaged the property by photographing the damaged part of the bus with a smartphone lowered from the bus at the above time, at the above time, at the above place, and on the same reason, thereby damaging the property that is equivalent to 645,000 won, such as liquid exchange, etc. by breaking the victim’s smartphone in hand, thereby damaging the floor.

3. A violation of the Punishment of Violence, etc. Act (collectively, deadly weapons, etc.) committed the above crimes at the above date, time, place, and after committing the crime, the Defendant attempted to get in the Defendant’s vehicle and leave the scene. However, the victim moved the vehicle in front of his/her vehicle and brought the vehicle, which is dangerous object to make the victim a bucker, into the front part of the Defendant’s vehicle, and assaulted the victim by three shocking the back part of both bucks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act (a crime committed with a deadly weapon, etc.) and Article 260 of the Criminal Act.