폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On October 16, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc., destruction and damage, etc. of deadly weapons) caused the Victim D (year 54), who is the wife, by making telephone calls at the front of the Defendant’s dwelling in Hongcheon-gun, Hongcheon-gun, the Defendant broken the front door of the Defendant’s dwelling. However, on the ground that the victim took a serious desire for himself/herself, he/she was able to bring the victim to the front end by driving a motor vehicle, and broken down the stone, tree sculptures, and flower, which are dangerous for the victim to arrive at the front end of the day.
Accordingly, the defendant carried dangerous articles and damaged the victim's property amounting to KRW 1,266,373.
2. The Defendant violated the Punishment of Violences, etc. Act (a group., injury by deadly weapons, etc.) at the same time and at the above places, as seen above, destroyed the glass door by cutting the stone, wooden sculptures, and flowers on the above vehicles, thereby breaking them into the driver’s seat of the victim who was seated.
As a result, the defendant suffered losses and fingers from which the number of days of treatment can not be known to the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made to D by the police;
1. On-site photographs;
1. Application of the written estimate statutes;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as those that the degree of injury of the victim is minor, those that the victim agreed smoothly with the victim, and those that the defendant does not have any criminal record exceeding the fine);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);
1. The Defendant asserts that there was no injury to the victim as stated in the judgment of the Defendant regarding Article 62-2 of the Probation Criminal Act, as stated in the crime 2.