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(영문) 의정부지방법원 2016.01.29 2015재고단43

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2014 Highest 2692] On July 4, 2014, the Defendant: (a) laid down a brick, which was parked in a 'D cafeteria' on the front of the 'D cafeteria' in the Mac-si of the Mac-si of the Mac-si of the Mac-si of the Mac-si of the Mac-si of the Mac-si of the Mac-si of the Mac-si of the Mac-si of the Mac-si of the Mac-si of the Mac-si of the Mac-si of the Mac-si

[2014 Highest 3254] On August 20, 2014, the Defendant: (a) removed the wall, which is a dangerous object in the vicinity of the restaurant, on the ground that the chemical portion offered in front of the restaurant was obstructed by the victim I, and damaged the wall by gathering a stud of the window around the market price of the victim, which is a dangerous object in the vicinity; and (b) destroying the string (1.5m in length), which is a dangerous object in the surrounding surroundings, by cutting down the string (1.5m in length).

Summary of Evidence

[2014 Highest 2692]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Photographs of damage, investigation report (Submission of written estimate of victim), - Written estimate of general repair cost (2014, 3254, hereinafter referred to as the "Written estimate");

1. Statement by the defendant in court;

1. A written statement of I;

1. The application of Acts and subordinate statutes to prepare and report on scene photographs and recording records of damage;

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Circumstances unfavorable to sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The facts that each of the instant crimes, while carrying dangerous objects and destroying goods of others, is not good to the nature of the crime; the Defendant, even before the instant case, has been punished by a fine, suspended execution, or imprisonment with prison labor, has been repeatedly committed; the Defendant again committed each of the instant crimes during the suspended execution period; the Defendant again was prosecuted for the instant crimes in the second sentence of Article 2692; and thereafter, the Defendant again committed the instant crimes in the second sentence of Article 3254 of the High Order of 2014: