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(영문) 창원지방법원 2014.07.15 2014고단1064

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On July 5, 2013, the Defendant of defamation damaged the reputation of the victim by openly pointing out false facts by stating that “E has a sexual intercourse with her husband and has a wind with her husband, and her husband has a relationship with her husband at each time of occupation and occupation on the roadway,” even though there was no fact that the victim E committed a bad will with her husband.

2. Around January 19, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) caused damage to the said vehicle owned by the victim to the extent of 565,366 won, by driving an Ichier vehicle owned by the Defendant, which is a dangerous object to threaten the victim, and passing the central line, after driving an Ichier vehicle in front of the entrance of the GG apartment at Changwon-si, which was driven by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a report on investigation (request for a written estimate of vehicle repair expenses);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 366 of the Criminal Act, and Article 307 (2) of the Criminal Act for the purpose of committing a crime;

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

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

5. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order is that the crime is not good in light of the motive and background of each of the instant crimes, methods of occurrence, etc., and the victim.