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(영문) 대전지방법원 2015.09.15 2012고단2174
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
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 May 25, 2012, the Defendant: (a) around 21:00, on the ground that the Defendant did not pay KRW 1 million,000,000,000, which was a dangerous object of the said victim, to the Defendant, within the E operated by Seo-gu Daejeon-gu, Seo-gu, Daejeon, on the ground that the said victim did not pay money to the Defendant; (b) 4 candlele lelele gates and glass dlele dlebs and dle dlebs were laid down; and (c) damaged the property owned by the victim whose market price is unknown

2. On May 26, 2012, at the same place as the preceding paragraph at around 11:00, the Defendant: (a) sought again from the victim; (b) however, at the same time, the victim did not have any 1 million won; (c) however, the Defendant destroyed the victim’s mobile phone by cutting off the victim’s cell phone so that the victim’s cell phone might not have been installed; (d) throw off the victim’s cell phone; (e) inserting inserted any dangerous articles from sunrise; (e) 2 front and front glass; (e) 1 of large glass in front and rear; (e) 7 of large glass windows in front of sunrise; (e) 1 of rice smoke in front of sunrise; and (g) 1 of rice smoke in front of sunrise; and (g) 2 of glass windows in front of the second floor by gathering dangerous articles, and then damaged the victim’s property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall apply to suspended execution (the fact that the injured party is not subject to the punishment of the accused and is against depth);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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