beta
(영문) 수원지방법원 안산지원 2015.06.25 2015고단1195

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On August 20, 2013, the Defendant was sentenced to one year for the violation of the Toxic Chemicals Control Act in the Suwon District Court's Ansan Branch, and the execution of the above sentence was terminated on July 11, 2014. On April 2, 2015, the same court sentenced one year to imprisonment with prison labor for larceny, etc., and the judgment became final and conclusive on April 10, 2015.

1. Around 01:00 on February 19, 2015, the Defendant destroyed the door door door door of the first floor of the apartment in question on the ground that, at the time of the house of the victim C of the Seocheon-gu Seocheon-gu B apartment, Seocheon-gu, Seocheon-gu, Seoul, the victim was not opening the door, the victim was able to damage the door door of the house and the victim’s gate door, the string, the string, and the stamping of the string, the string, the string, the string, the string, and the string, the string, the string, and the string of the string of the apartment.

2. At around 01:30 on February 19, 2015, the Defendant heard from the victim D (the age of 43) who is pro-friendly on the road of the B apartment 6-dong as stated in paragraph (1) above, talked about why she fright is frighting from the victim D (the age of 43). The Defendant frightd the back part of the victim’s left side by drinking frighting on one occasion, and assaulted three times the victim’s left upper part, which is a dangerous object of the size of the table attached on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Damage photographs;

1. Previous convictions: Application of criminal records and investigation reports (the confirmation of crimes during the period of repeated crimes and the confirmation of crimes before final and conclusive judgment);

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, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act concerning the punishment of a crime;

1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes;