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(영문) 수원지방법원 여주지원 2015.07.10 2015고단36

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than one year and 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 has been working for the victim C(53 years of age) as a daily worker in D, a corporation with the field director, as the victim C(53 years of age).

1. On September 3, 2014, the Defendant violated the Punishment of Violence, etc. Act (collectively weapons, etc. destruction and damage, etc.) committed an act for about one month in around 19:10, while under the influence of alcohol on September 3, 2014, the Defendant destroyed the above victim’s vehicle owned by the victim by discovering the company’s Dong fee and franchising the victim at a F restaurant located in Gyeonggi-gun E., and destroying the said victim’s car so that the repair cost can be 365,704 won, by cutting off the main set and flus, etc. of the above victim’s vehicle, which are dangerous goods located on the parking lot, and cutting off two times in hand, by cutting off the main set and flus, etc. of the above victim’s vehicle, which is dangerous goods on the parking lot.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.), at the time and place specified in paragraph (1), and at the above location, brought the victim a stop from the victim during the vehicle owned by the said victim, and brought the victim's head and left-hand gate with a brick for a flower, which is a dangerous object, and put the victim a complete stop and an open room that requires a treatment for about 14 days on the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Written estimate;

1. Application of statutes, such as site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (a person who inflicts bodily injury on a dangerous object), Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.