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(영문) 수원지방법원 평택지원 2014.08.27 2014고단905

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

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

The victim B, who is the defendant's wife, is the chief of the "D Hospital" in Ansan-si C, and the victim E (34 years old) is the chief of the office of the above hospital.

1. Violation of the Punishment of Violences, etc. Act (collectively weapons, etc., damage and destruction thereof);

A. On March 21, 2014, the Defendant lent the hospital building fund to the victim B through the Defendant’s wife, but did not repay it, but found the victim B to the president of the above hospital around 11:50 on March 21, 2014, the Defendant left the victim B by using a stick for delivery, which is a dangerous object in possession of the victim’s occupation, and carried the above instruments on the glass and book amounting to KRW 1,179,980 on the market price of the victim’s possession.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

B. The Defendant, at the time and time set forth in paragraph (1), b the above office B and 30 m in the vicinity of the above hospital (30 m in length), left the entrance of the above hospital by c20,000 won of the market price owned by the victim, which was installed at the above hospital.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) stated that, at the time, paragraph 1(b) and at the same place, the Defendant took the kitchen knife, which was a dangerous object in possession of the victim E, the Defendant saw the victim as “hacking the victim” by taking the kitchen knife, which was a dangerous object.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Written estimate and receipt;

1. Application of statutes on photographs of damage;

1. 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, Article 2(1)1 of the Punishment of Violences, etc. Act, Article 283 of the Criminal Act.