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(영문) 춘천지방법원 원주지원 2013.11.06 2013고단262
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On April 14, 2013, the Defendant: (a) around 11:40, Won-si, C Apartment 101, 201, and 2nd guard house, without any justifiable reason, destroyed the Defendant’s damage that caused the above security guard window managed by the victim D to cover KRW 80,00 of the repairing cost.

2. On April 14, 2013, at around 18:40, the Defendant interfered with the Defendant’s business, at around 15 minutes, interfered with the victim’s Schlage’s business by: (a) preventing customers who were entering the said Schlage from entering due to the influence of approximately 15 minutes of their volume, by leaving the Defendant’s disturbance, such as bread in a cooling house, bread in a water condition under the influence of alcohol from “F” operated by the victim E, which was in the vicinity of the nuclear apartment.

3. Around April 14, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed assault against the victim by having the victim faced with the wall by having the victim faced with the danger of being placed on the floor of the ward when the Defendant asked him/her about the background, etc. of the disturbance as referred to in the above paragraphs (1) through (3) at the dwelling of the Defendant, who was located in the main police station of the original city, 102 Dong 1204 and 1204 at the dwelling of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A H statement;

1. Application of the written estimate statutes;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Articles 314 (1) and 313 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (a point of violence against carrying dangerous articles) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is wrong.

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