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(영문) 대구지방법원 영덕지원 2015.08.26 2015고단133

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1 재물손괴 피고인은 2015. 2. 21. 23:40경 경북 영양군 C에 있는 피해자 D가 운영하는 E에서 F, G이 피고인에게 인사하지 아니하고, 피해자가 위 E 출입문을 잠궜다는 이유로 화가 나 피해자 소유인 시가 11만 원 상당의 출입문을 발로 차 깨뜨려 손괴하였다.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) cited an empty brut disease, which is a dangerous object from the said place, at the same time and place, for the said reasons, and threatened the victim D (the age of 46) with the phrase “bruting.”

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement concerning the suspect interrogation protocol against the defendant

1. Statement of each police statement related to D and G;

1. A written statement;

1. The application of Acts and subordinate statutes to photographs, estimates, investigation reports (report on the details of telephone conversations with the F for reference), investigation reports (report on summons and fact-finding of the victim D), investigation reports (report on the details of report on 112 reported case processing reports) and investigation reports (report on the details

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of crimes;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the extent that the sum of the long-term punishments for both crimes prescribed in the Punishment of Violences, etc. which are heavier than punishment, is added to the punishment);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing and the positive factors for suspended sentence)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommending punishment for the crimes specified in the sentencing criteria;

(a) Basic crime: Type 4 (Special Aggravation of Punishment of Violences) of Violation of the Punishment of Violences, etc. Act (determination of types of crime), and violent crime: Reduction elements of crime;