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(영문) 대구지방법원 2015.10.20 2015고단3459

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 1, 2015, around 16:30 on June 1, 2015, the Defendant: (a) destroyed a string of 10 packs and damaged a string of 20,000 won at the market price by launching 10 packs on the glass of the driver’s seat of the F vehicle owned by the victim E (the 49-year-old) parked in front of the D Pharmacy in Daegu Suwon-gu C.

2. On June 10, 2015, around 11:37, the Defendant: (a) launched 20 hives of hives using a new gun on the outside glass of the Dental-gu Dental-gu operated by the victim G; (b) but (c) failed to damage glass.

3. On June 11, 2015, at around 14:00, the Defendant: (a) launched 10 the 쇠le 10,000 won of the market price using a new gun on the house glass hold owned by the third floor victim I of the H of the Daegu Suwon-gu Building; and (b) damaged the glass window so that the amount of repair costs equivalent to KRW 200,000 of the market price

4. On June 11, 2015, around 17:00, the Defendant: (a) emitted a hymnas 30 shots from the outside glass window operated by K of the fourth-story building J of Suwon-gu by using a new gun; and (b) damaged the glass window to cover repair costs of KRW 40,000 in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Application of respective Acts and subordinate statutes of M, G, E, and I;

1. Articles 369 (1), 366 (Crimes of Destruction and Damage of Special Articles), 371, 369 (1), and 366 (Attempted Destruction and Damage of Special Articles) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines - Special Destruction and Damage of Type 1 (Scope of Recommendation) (Special Destruction and Damage) (Special Mitigation) (Special Mitigation) in the basic area of Category 1 (Special Destruction and Damage from August to one (Special Mitigation) (Special Mitigation) / In the case of committing a crime against many, unspecified and multiple victims, the second crime [the scope of Recommendation] in the basic area of Category 1 (Special Damage and Damage from August to one year) (Special Mitigation) (Special Mitigation).