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(영문) 청주지방법원 제천지원 2014.10.02 2014고단263
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
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

1. On May 25, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) : (a) under the influence of alcohol in front of E, operated by D in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongbuk-si, the Defendant: (b) brought about a part of the package of G observer-si car, the victim’s possession of which was parked there, on the ground that F (F, 35 years of age) would escape without drinking himself/herself; and (c) damaged the repair cost by 744,665 won.

Accordingly, the defendant carried dangerous things and damaged the victim's property and damaged its utility.

2. From around 18:23 on the same day, the Defendant threatened the victim with the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) by putting the victim H (33 years of age) of the said D’s son on the ground that the said D’s son (33 years of age) was restrained from doing so, and by putting about the victim a knife, which is a dangerous thing, on the left hand, a knife (15cm in length), and putting the victim with the knife (15cm in length).

Accordingly, the defendant threatened the victim with dangerous articles or deadly weapons.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement made to F, D, and H;

1. Application of the Acts and subordinate statutes to the records of seizure and the list of seizure, photographs and general repair cost estimates;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do141, Jan. 1, 201>

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

1. Social service order under the Criminal Act;

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