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(영문) 대전지방법원 2013.05.09 2012고단3894

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for six 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 July 24, 2012, the Defendant violated the Punishment of Violences, etc. Act (the destruction and damage of a group, deadly weapon, etc.): (a) on the fourth floor of the building of the Daejeon D Art Research Institute; (b) on the ground that the Defendant did not abide by the promise to use the said fourth floor leased and used by the victim C on the part of the Defendant; (c) on the ground that the promise to use the said fourth floor was not observed by the victim C, the sum of the market price equivalent to KRW 1,427,00, and KRW 24, 436,000, and KRW 63,000, and KRW 67,500, and KRW 141,000, and KRW 60,000, the market price of the building owned by the victim; and (d) on the part of the network, the sum of the market price of KRW 60,60,000, and KRW 50,209.

2. On July 24, 2012, from around 21:00 to 21:50 of the same day, the Defendant interfered with the business of the victim C’s private teaching institute by force, i.e., “A., the students who displayed the net value on the third floor of the said D Art Research Institute, and completed the “private teaching institute.”

3. Violation of the Punishment of Violences, etc. Act (joint injury) and the Defendant and E were at the same time and at the same place as paragraph (1), and the victim F (38 years of age) were prevented from putting the Defendant with a brupt, and they were 3-4 times the victim’s part, such as the victim’s breath on a wooden diesel line, and the Defendant 3-4 times the victim’s part by drinking breath.

As a result, the defendant jointly with E, brought about a multi-lateral typology and bid for about 14 days to the victim.

Summary of Evidence

1. Part of the defendant's statement in the first trial record;

1. Part of the protocol concerning the examination of suspect concerning G; and

1. Each police statement made to F, C, H, I, and J;

1. Application of Acts and subordinate statutes to an injury diagnosis certificate and a written estimate for damage;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;