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(영문) 전주지방법원 정읍지원 2014.08.29 2014고단276
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 276] On May 3, 2014, the Defendant, while drunking the full reinforcement glass (a 190 cm, 152 cm) owned by the victim D (a 190 cm, 152 cm in length) in order to remove a pipe (199 cm in length) that is a dangerous object at the construction site at the neighboring site without any justifiable reason, thereby damaging the above glass window equivalent to 200,000 won at the market price.

[2014 Highest 343] Defendant, F, G, H, and I committed assault, such as taking the victim’s face and body satisfy on April 21, 2014, when she took a dispute with the victim L (20 years of age) at the front of the Kwest-gu Seoul Special Metropolitan CityJ on April 21, 2014.

Accordingly, the Defendant committed assault to the victim jointly with F, G, H, and I.

Summary of Evidence

[2014 Highest 276]

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs of the damaged field (2014 highest 343);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to any protocol concerning suspect examination of L;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 of the Criminal Act concerning a crime;

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

1. Mitigation of discretionary work and consideration provided for in Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that a person commits an offence and misleads him/her, and the fact that he/she has agreed with the victim L and the victim D);

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

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