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(영문) 대전지방법원 2014.11.26 2014고단3572

재물손괴미수등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[2014 Highest 3572]

1. Around October 24, 2014, the Defendant attempted to destroy and damage property, at the victim D (the age of 35) garden located in Daejeon Dong-gu, Daejeon (the age of 35), and on the ground that part of the body trees planted in the ordinary vegetable garden goes beyond the Defendant’s house towards and falls from the math of the vegetable garden, the Defendant cut the above vegetable tree by using a saw, and the victim discovered that he saw the vegetable tree, went back to the house without cutting the vegetable tree, and the victim went back to the house without cutting the above vegetable tree. On the same day, the victim cuted the above vegetable tree outside the Defendant’s house and returned to her house at around 19:10 on the same day, and did not have attempted to cut the vegetable tree to the above vegetable garden.

2. 피해자 D에 대한 상해 피고인은 위 일시, 장소에서, 위와 같이 위 엄나무를 베려다가 이를 발견한 피해자 D이 “내가 마당으로 넘어간 가지를 모두 벴는데 왜 또다시 나무를 자르려고 하느냐”라고 하면서 따지자, 피해자에게 “어른이 하는 일에 어린 노므새끼가 끼어드냐 네 창자를 빼서 죽여버릴라”, “너네 집 불 살라 버리겠다”, ”해머 가지고 대가리를 뽀개버리겠다“라는 등의 욕설을 하면서 피해자의 멱살을 잡아 흔들고 주먹으로 얼굴을 7 ~ 8회 가량 때린 후 바닥에 넘어진 피해자의 몸을 발로 2 ~ 3회 밟아 피해자에게 약 3주간의 치료를 요하는 뇌진탕 등의 상해를 가하였다.

3. On October 24, 2014, the Defendant used obstruction of performance of official duties and the victim E’s injury at the above place around 19:20 on October 24, 2014, and the Defendant used D to assaulted D, and called out after receiving a report from the slope E, a police officer affiliated with the F District of the Daejeon East Police Station, etc., who was a police officer belonging to the Daejeon East Police Station. The Defendant was faced with the police officers and victims, such as a mong mons and drys on the wall inside the said garden.