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(영문) 부산지방법원 2014.11.21 2014고단7035

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

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A defendant shall be punished by imprisonment for one year.

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

1. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) was a member of the company working for “C”, an affiliate of the Defendant, i.e., the Defendant, who was an affiliate of the said company, drinking alcohol while suffering from excessive business affairs, etc., and was frightening the employees of the company. However, he did not see his horses.

On July 17, 2014, around 03:30 on July 17, 2014, the Defendant operated the E25 tons truck, which was set up in the "C" factory marina located in Gangseo-gu Busan Metropolitan Government D, and had the victim(s) in the same location, and had the victim(s) gate gate gate installed in the same location.

Accordingly, the defendant damaged the victim's property amounting to KRW 10,744,00 of the market value using the freight truck, which is a dangerous object.

2. The Defendant violated the Road Traffic Act (driving) at the time and time under paragraph (1) of this Article, the Defendant driven E 25 tons truck under the influence of alcohol concentration of 0.169% at a section of about 200 meters from the front of the “C” located in Gangseo-gu Busan Metropolitan City, to the front of the “C” located in Gangseo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the written estimate or the results of regulating drinking driving;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (a point of running a sound driving)

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the total of long-term penalties);

1. Article 62 (1) of the Criminal Act on the suspended execution (the fact that it is a contingent crime due to extreme stress, such as home problems, agreement, and considering the absence of criminal records);