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(영문) 서울북부지방법원 2014.11.20 2014고단3169

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

1. Around 06:30 on August 30, 2014, the Defendant violated the Punishment of Violence, etc. Act (collectively, deadly weapons, etc. damage, etc.) destroyed the victim’s glass windows, which were the victim’s possession, of concrete sculptures, which were dangerous things near the country where chemical dust was located due to the high noise at the construction site located in Dongdaemun-gu Seoul Dongdaemun-gu Office, Dongdaemun-gu, Seoul, so that the victim’s glass windows, which had been collected over two times due to the high noise at the construction site, may be destroyed to the amount of repair cost, and continuously damaged the glass windows of the above so that the victim’s convenience, who was the victim’s possession, was gathered toward the free will windows of the driver’s seat operated by the victim E.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) temporarily and at the same place as paragraph (1) for the same reason, collected concrete sculptures, which are dangerous objects, such as Paragraph (1), from the victim E (34 years of age), toward the free will of the driver’s seat operated by the victim E (the victim E) and collected concrete sculptures from the driver’s seat to the victim, thereby causing the victim to suffer approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1), Article 2 (1) 1 and 3 of the Punishment of Violences, etc. Act concerning the crime, and Articles 366 and 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (i.e., the commission of a crime that has been suffering by construction noise for a period of two months, under extenuating circumstances for partial consideration of the circumstances leading to the crime; (ii) payment of damages; and (iii) agreement with the victim solely with the victim; and (iv) absence of the same criminal record);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);