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(영문) 수원지방법원 여주지원 2014.09.12 2014고단454
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 6, 2014, around 22:50, the Defendant demanded the victim C to lend money at the front parking lot of the community hall located in the Gwanak-si, 2352-ro, 51, the Defendant was refused and rejected, and the Defendant laid down a brick, which is a dangerous object in the front side of the D Kaman project vehicle and the front glass, which was parked therein, and laid down the glass door, and laid down the front glass door.

2. The Defendant, upon receiving the victim’s report under paragraph (1) from the victim to undergo an investigation as a criminal suspect causing the above property damage, at around 02:25 on March 7, 2014, on the ground that he/she undergoes the aforementioned investigation at the same place, and thereby depict, which is an object dangerous to the front right of the damaged vehicle, (73 cm in length).

Accordingly, the defendant carried dangerous articles and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A criminal investigation report (related to submission of a written estimate for victim C);

1. Application of statutes on photographs of damage;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 366 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including cases where the injured party does not want criminal punishment of the accused, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act is the first criminal who has no previous criminal record

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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