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(영문) 춘천지방법원 영월지원 2014.11.07 2014고단293
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 00:30 on May 27, 2014, the Defendant placed a door door at the house of the victim D (the father of the Defendant) located in Gangseo-gun Seoul Special Metropolitan City, which was corrected by finding it at around 00:30, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) but the victim would not open the door but open the door. However, the Defendant shouldered a glass window by gathering an empty port in front of balcony, thereby cutting down the glass door toward the center of the living room and cutting down the glass door, and putting the gas source, which is a dangerous object in the balcony, toward the glass of the living room and the entrance glass of the entrance.

In this respect, the Defendant damaged the total amount of KRW 2,215,500 by using the gas tank, which is a dangerous object.

2. The Defendant, at the time and place indicated in Paragraph 1, destroyed the victim’s d (74 years of age) with the escape-friendly victim d (74 years of age) and 4-5 times of drinking face.

As a result, the defendant suffered injury to the surviving victim, such as a divesal coordinate that requires treatment for about two weeks.

Summary of Evidence

1. The defendant's partial statement in court (the purport that he/she has damaged the glass hold);

1. Statement made to D by the police;

1. A medical certificate of injury, on-site photograph, and death photograph, and family relation certificate;

1. A criminal investigation report (D or E phone statement hearing report) and his/her defense counsel asserted that the first act of protecting the victim's safety would constitute a legitimate act or an emergency evacuation, and that there is no fact that the victim was injured.

As to the damage and damage of property, it seems difficult to enter the house through a shoulder glass window on the means, methods, results, etc. of damage recognized by each of the above evidence, and it appears that E appears that he did not actually enter the house of the victim, and in order to confirm the victim's awareness, other methods, such as telephone, etc.

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