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(영문) 부산지방법원 2013.03.21 2012고단7248

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 19, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual collective groups, deadly weapons, etc.) at the Busan District Court, and completed the execution of the sentence on January 31, 2012 at the Busan Correctional Institution.

1. On August 14, 2012, around 19:30 on August 14, 2012, the Defendant: (a) entered the victim D (Woo, 75 years old) located in Seo-gu Busan, and took a bath to the “E” store; (b) the Defendant flabed the saton on the part of the victim on the ground that the victim said that he was “out-of-the-land”, and she pushed the victim’s chest over the floor.

As a result, the defendant abused the victim and caused the victim to suffer an injury such as the number of days of treatment.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) the Defendant broken off three favorable windows of the “E” restaurant as stated in the foregoing paragraph with a single name, which is a dangerous object (65 cm in total length), at the time and place of paragraph (1) and at the same time and place of paragraph (1).

Accordingly, the defendant carried dangerous things and damaged the victim's D's market price of 50,000 won or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the fourth protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Investigation report (the photograph of the victim, such as the victim's assault father and damaged windows, etc.);

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of a certified copy of a judgment and current status of personal identification);

1. Relevant legal provisions concerning facts constituting an offense: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act: Articles 262 and 260 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act to increase concurrent crimes;

1. The degree of damage to the instant crime under Articles 53 and 55(1)3 of the Criminal Act is relatively relatively small.