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(영문) 서울중앙지방법원 2014.01.07 2013고단4705

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On June 2, 2013, the Defendant: (a) around 05:30 on June 2, 2013, the Defendant: (b) received alcoholic beverages equivalent to approximately KRW 600,000 in the trade name of “G” operated by the Victim F in Seocho-gu Seoul, Seocho-gu, and demanded credit; (c) employees H refused it; (d) the employees refused it, and (e) the employees were fluencing for each other as a matter of calculating the drinking value; and (e) the 300c c c c ma, which is the glass on the customer’s entrance door at the entrance; and (e) the glass 20,000 won, which is set up in the victim’s studio that was set up in the said 3 st

Accordingly, the defendant damaged the victim's property.

2. At the date, time, and place mentioned in Paragraph 1, the injured Defendant: (a) laid 300cc beer c beer c beer c beer even 3 studs; and (b) broken the glass window installed in the door even, and accordingly, she was faced with the victim I (V, 26 years old) who was sitting in 3 studio.

이로써 피고인은 피해자에게 치료일수 미상의 이마 부위를 4바늘 꿰매는 절상을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of I, part of the J's legal statement;

1. Statement of the police statement related H;

1. Application of the Acts and subordinate statutes to photographs of scene of damage, and photographs of damaged parts;

1. Relevant provisions of the Criminal Act and Articles 366 and 257 (1) of the Criminal Act concerning criminal facts, the choice of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Articles 70 and 69(2) of the Criminal Act: The defendant has been sentenced several times of punishment due to violence-related criminal records, and one year and four months of imprisonment due to a violation of the Registration of Credit Business, etc. and Protection of Financial Users Act on or around August 2011; the defendant committed the instant crime during the repeated crime period even after the execution of the sentence has been completed on or around May 2012; the defendant committed the instant crime; and the circumstances favorable to the defendant that the crime of causing damage to property or causing injury is not weak: the crime is likely to have occurred by contingency.