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(영문) 대구지방법원 안동지원 2014.09.26 2014고단121

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2014, at around 05:58, the Defendant sent the center of the road without any justifiable reason on the 915 local highway located in the Yeung-gun, the Defendant: (a) unloaded the front glass of the vehicle to a hacker (a total length: approximately 105 cm) which is a dangerous object in possession of the victim B while stopping the said road; (b) damaged the vehicle’s repair cost by 150,000 won; and (c) subsequently, the Defendant cut the hack pipe (a total length: approximately 185 cm) which is a dangerous object in front of the car driving seat in the Eggal zone owned by the victim D, and damaged the vehicle repair cost by 1,179,836 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with regard to B and D;

1. Each statement prepared in F, G, H, and I;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 366 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act (Article 62(1) of the suspended sentence (Article 62(1) of the Criminal Act that shows a white and reflect attitude, and the crime of this case is due to the mental disorder of the defendant, and considering the fact that the defendant has treated him);