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(영문) 청주지방법원 충주지원 2013.05.31 2013고단161

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for six 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

around April 2012, the defendant was known to the victim C by visiting the house of the defendant as a domestic helper who provides services to the recipients of basic living.

At around 13:50 on March 7, 2013, the Defendant: (a) caused the Victim C’s house of the D Apartment 301 Dong 103, 103, and caused the damage to the entrance so that 30,000 won of the repair cost would be 30,000 won of the Victim’s house, which is a dangerous object (total length: 38.5cm, 7.5cm in length: 7.5cm in length) on the ground that the victim was not subject to his own telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs, such as site;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act: around November 201, 2012, in consideration of various circumstances, including the defendant's age, character and conduct, occupation, and family environment, where the defendant had infringed on the victim's residence and had been punished, but the defendant sought the house of the victim again and damaged the victim's house by hand, which are dangerous things: The defendant reflects the crime; the defendant deposited part of the money for the victim; the defendant deposited part of the money for the victim; and other conditions attached to sentencing as shown in the records.