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(영문) 울산지방법원 2014.10.16 2014고단2075

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for one year.

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

At around 15:00 on June 15, 2014, the Defendant: (a) sought in Ulsan-si Cum 401, where B is residing in the Defendant on the ground that B did not repay the money; (b) provided a warning that “I would like to die money?” but the Defendant provided a door to the Defendant, he prepared for the hump with no answer, thereby damaging the property owned by D owned by the said owner of the building with the hump (1m in total length, 1m in length, 15m in head); (c) the price of the hump, glass, electric measuring instruments, etc. at approximately KRW 4,178,00,00 for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. 17 copies of a photograph of damage;

1. Application of Chapter IV Acts and subordinate statutes to written estimates;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. The sentence of imprisonment under law is inevitable for a crime that causes damage to a deadly weapon with the reason of sentencing under Article 62 (1) of the Criminal Act;

In addition, the circumstances, such as the fact that the defendant purchased the hacks in advance and planned to do so, and the fact that the defendant was a dangerous situation that would lead to a serious crime if the injury was caused.

Provided, That the execution of punishment shall be suspended in consideration of the fact that the defendant has agreed with the victim only smoothly, that the victim is the wife of the defendant, that the defendant has no criminal record in addition to the fine, etc.