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(영문) 대구지방법원 2014.11.14 2014고단3817

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

The Defendant, from “C” operated by the victim B to March 25, 201, was forced to serve as a cargo driver from around 2011 to March 25, 2014, and was forced to leave, and became the victim’s honor.

1. Damage to property;

A. On April 23, 2014, at around 07:15, the Defendant, at the “C” parking lot for the victim B’s “C” in the Gandong-gun, the Defendant, at around 07:15, had three front wheelss of the victim, such as E-motor vehicles (4.5 tons), F-freights (4.5 tons), and G Freight (4.5 tons) owned by the victim, and had approximately KRW 1,940,000 of the repair cost by drilling the hole.

Accordingly, the defendant damaged the cargo of the victim.

B. On April 24, 2014, at around 07:40, the Defendant, at the “C” parking lot of the victim B’s “C” in the Gandong-gun, Gandong-gun, the Defendant has the effect of drilling up to KRW 1,196,00 of repair cost by drilling two front wheels parts, such as EM (4.5 tons) and HW (3.5 tons) owned by the victim.

Accordingly, the defendant damaged the cargo of the victim.

2. Around 07:40 on April 25, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) committed an act of using approximately KRW 670,000 for repair costs, such as the Defendant, at the “C” parking lot for the operation of the Victim B located in G, G, G, and G (4.5 tons) of the Victim’s Republic of Korea, in which the two front wheelss of the Victim B, such as EF (4.5 tons) and G, owned by the Victim, are dangerous goods.

Accordingly, the defendant carried dangerous things and damaged the cargo of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. A written statement of I;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to each of the motor vehicle registration certificates, such as reports on the occurrence of loss, photographs of damaged motor vehicles, reports on internal history, field photographs, etc., estimates, etc., and copies of written estimates;

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act concerning the crime, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the punishment of imprisonment with prison labor;