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(영문) 대구지방법원 안동지원 2014.10.10 2014고단490

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 6, 2008, the defendant was sentenced to a suspended sentence of two years for a crime, such as violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in the Daegu District Court's Ansan branch on the grounds of imprisonment with prison labor for the same crime on September 15, 2009, which was sentenced on September 23, 2009 by the same court on September 23, 2009, and the sentence of the suspended sentence was invalidated upon the final judgment on September 23, 2009, and the remaining term of the sentence has expired on July 30, 2012 during the execution of the sentence.

【Criminal Facts】

At around 07:00 on March 2, 2014, the Defendant found the door in D offices operated by the victim C in the third floor of the building B at Ansan-dong-dong-si, and opened the door, but the Defendant opened the door, which is a dangerous object in the second floor stairs, on the ground that the victim did not open the entrance, and caused damage to the entrance owned by the victim so that the repair cost would be approximately KRW 600,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Attachment of photographs, such as damaged articles);

1. Division: Application of Acts and subordinate statutes to criminal records, etc., investigation reports, investigation reports (fact during the period of repeated crime) and investigation reports;

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 proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reason for sentencing in accordance with Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, who was under the period of repeated crime, was aware of, and was not aware of, the reason for sentencing. Therefore, it is difficult to exempt the Defendant from punishment.

In addition to the above unfavorable circumstances, the punishment was determined in consideration of all the conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant recognized his mistake and appears to reflect his attitude.