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(영문) 광주지방법원 해남지원 2016.08.25 2016재고단4 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

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A defendant shall be punished by imprisonment for six months.

However, 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. Damage to special property;

A. On March 5, 2013, the Defendant, at around 05:10 on March 5, 2013, had been dissatisfied with D’s complaint in front of Jindo-gun C.

The car was damaged by discovering a GN car owned by the victim of the passage of E(NF) and by putting the front, rear glass, etc. of the said car on the gate and the gate, which is a dangerous object on the street, to the extent that the car was damaged by approximately KRW 9,679,963 of the repair cost.

B. On April 22, 2013, the Defendant, at around 03:15, had been dissatisfied with the Pyeongtaek-gun H in Jindo-gun, Namnam-do.

The passenger car was damaged by discovering a GN car owned by the victim (NF) of the passage of E, and by putting the front door of the said car on the wall, standing signboard, etc., which is a dangerous object on the street, by putting the front door of the said car on the front door.

2. On March 5, 2013, at around 05:15, the Defendant damaged the car by walking up a standing signboard owned by the victim L, which was set up in front of the JJ of Jindo-gun, Jindo-gun, and continuously damaged the victim’s glass owned by the victim, the market price of which is unknown in the said K.

Summary of Evidence

1. Statement by the defendant in court;

1. A written examination of suspect of each police station against L or M;

1. Each police statement protocol against N and E;

1. A written estimate of the cost of repairing insurance, and a written estimate to be prepared;

1. Application of on-site photographs and statutes governing damaged vehicles;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1) and 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter “Suspension of Execution”) requires strict punishment in that it repeats a crime that causes damage to property, but the defendant reflects the fact that the victims do not want to be punished against the defendant, and the age, sex, environment, circumstances of the crime, and crimes.