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(영문) 의정부지방법원 2014.11.17 2014고단2213

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On June 4, 2014, at around 17:30, the Defendant, while loading and unloading on the front of the E store operated by the victim D (the age of 40) located in the Government-Si of Gyeonggi-do, he saw the Defendant that he she was able to walked without her brucation, and her flusing the entrance and front glass of the said store, which is a dangerous object carried, and broken down the entrance and front glass of the said store by a glusium, which is a dangerous object carried, and expressed the Defendant “humb and humb humb.” as she would inflict any harm on the victim.

As a result, the defendant carried a dangerous stolen, thereby damaging the repair cost of KRW 600,000,00, and threatened the victim by destroying the above glass window owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the same Act, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 2 (1) 1 of the Criminal Act, and Article 283 (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. 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 (Consideration of the fact of crime committed, reflecting the fact of crime committed, the fact that there is an agreement with the victim, details of the crime, circumstances of the crime, etc.);

1. Probation under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 48(1) of the Criminal Act or more;