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(영문) 부산지방법원 2014.03.20 2013고단1461

폭력행위등처벌에관한법률위반(집단ㆍ흉기등손괴)

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 20, 2013, the defendant is a person who lives together at the victim D's house located in Busan Dong-gu, Busan.

On March 3, 2013, at around 18:30, the Defendant, while under the influence of alcohol at the victim’s house, tried to enter the room without cleaning, but when the victim was removed from the victim, the Defendant damaged the victim’s property that is owned by the victim, such as the Defendant, by cutting down, cutting, and damaging the back of the back of the back of the entrance of the entrance, by cutting the television in the room, and by making the entrance door and the close door door door door open to the watch, which is a dangerous object, broken off, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (it shall be considered that the person has not committed any damage but is in depth against his/her detained life for a considerable period of time);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (recognisive of discretionary mitigation) or more;