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(영문) 대구지방법원 서부지원 2014.12.16 2014고단1471

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

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

On September 11, 2014, at around 20:40, the Defendant visited the above main points as in the E-ju shop located in Seogu Seo-gu, Daegu, Daegu, as in the preceding branch, and caused misunderstanding that the Defendant did not pay credit on the part of the former branch because he did not pay the credit on the part of the former branch. However, due to the drinking value, the Defendant: (a) each item (120cm in length) which is a dangerous object in the surrounding area on the ground that the victim did not appear, and thus, damaged 30,000 won of the repair cost; and (b) each item (1.20cm in length) which is a dangerous object in the surrounding area on the ground that he did not appear; (c) the victim, who was at the entrance of the above main branch, was damaged by the acrylic board of the above main branch so that 3

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each photograph;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, and point agreed with the victim);

1. Social service order under Article 62-2 of the Criminal Act;