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(영문) 수원지방법원 2013.08.14 2013고단2281

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the kind of victim C's birth.

At around 22:00 on May 3, 2013, the Defendant listened to the victim’s husband and wife and drinking in front of the phrases for the operation of the victim’s room located in Chungcheongnam-si, the Defendant damaged the Victim’s and tin in front of the entrance of the Seodaemun-si, so that, at around 22:15 on the same day, a practice golf (67 cm in length), which is a dangerous object in the vehicle owned by the Defendant, under the influence of alcohol, carried out at around 22:15, the Defendant damaged the glass and tin, which was displayed at the entrance of the entrance of the above Seodaemun-si store and the Seodaemun-si store, to the extent that the amount of KRW 4.66 million for repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation, damaged glass photographs, sound golf photographs for practice, written estimates, and a report on investigation;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. Considering that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is the fact that the Defendant had been punished several times due to an act of violence, etc., used dangerous objects for the crime, and the degree of damage is not less and the victim wants to punish the Defendant, it is necessary to strictly punish the Defendant.

However, the sentencing conditions in this case, such as the defendant's confession of a crime and the motive, means and result of the crime of this case, the circumstances after the crime of this case, the age, character and conduct of the defendant, family environment, etc., shall be determined as per the order.