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(영문) 대전지방법원 2015.11.13 2015고단1721

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

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A defendant shall be punished by imprisonment for four months.

However, 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 June 17, 2009, the defendant was sentenced to a fine of two million won for a violation of the Punishment of Violences, etc. Act (joint injury) in the Daejeon District Court on June 17, 2009.

On April 1, 2015, the Defendant: (a) around 20:55 on April 1, 2015, in Seo-gu Daejeon, the victim D, who was living in the family of the Defendant’s office, resisted to the Defendant’s office construction work; and (b) spread the victim’s house gate and salt acid, which is a dangerous object on the road, destroyed the undeveloped gate that is the market price owned by the victim.

Summary of Evidence

1. Witnesses D and E respective legal statements;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Written statements of D;

1. A report on investigation;

1. Application of statutes on site photographs;

1. Article 369(1) and Article 366 of the Criminal Act; the choice of imprisonment with prison labor for the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including partial circumstances of crimes, members not to punish victims, and those who have no criminal records of the same kind of power or suspension of execution or more);

1. Probation and community service order under Article 62-2 of the Criminal Act;