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(영문) 춘천지방법원 강릉지원 2013.11.20 2013고단753

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for six months.

The evidence seized by the defendant shall be confiscated as prescribed in subparagraph 1.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to three years of imprisonment with prison labor at the Gangnam Branch Branch of the Chuncheon District Court on June 9, 201, and on October 25, 201, the said judgment became final and conclusive and conclusive on October 25, 201, and was paroled on August 14, 2013 in the execution of the sentence in the Gangnam Prison.

[The case in which parole was revoked and re-detaineded for the purpose of this case]

1. At around 10:20 on October 9, 2013, the Defendant: (a) opened several entrances attached to the above D, which are owned by the victim in the second floor and managed by the said D, on the ground that D, the head of the village, was not at a one-time visit when the Defendant was at the village hall located in C, and was at the entrance of the village hall, and on the ground that D, the head of the village, was at the seat of his house, and was at the entrance of the village hall, he was at the seat of the victim (a 7.5cm, 20cm, 5cm, knife, 63cm, knife). On the same day, at around 21:10 on the same day, the Defendant set up the entrance, which is dangerous objects for the foregoing reason, and installed the entrance several times, thereby damaging the repair cost of KRW 6.20,000.

2. On October 9, 2013, the Defendant: (a) around 16:00, at the above community hall, destroyed the following: (b) the Defendant: (c) carried the gate, which is a dangerous object for the foregoing reason; (d) owned the trile of the victim on the first floor; and (e) caused the damage to the following: (c) the unpaid stairs, the rail, and the satellite antenna at the market

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Report on internal investigation (the oral statement made by shote E), records of seizure, list of seizure, field photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act as to the crime concerned, Article 366 of the Criminal Act. Article 37 former part of Article 37 of the Criminal Act among concurrent offenders, Articles 38(1)2 and 50 of the Criminal Act;

1. The fact that the defendant reflects the wrongness of the defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and the defendant paid the expenses for the repair of the community hall and agreed with the village residents.