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(영문) 서울남부지방법원 2013.08.20 2013고단2011
재물손괴미수등
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

The defendant is operating Guro-gu Seoul Metropolitan Government Category B, and the victim D (the age of 42) operates a restaurant called E in the same building, and there was conflict on the ground that the smelling honds in Pyeongtaek E came into C.

1. Around 12:51 on May 15, 2013, the Defendant attempted to attach the victim’s tables and chairs to the E-cafeteria operated by the victim D in Guro-gu Seoul, Seoul, but failed to do so.

2. On May 15, 2013, the Defendant violated the Punishment of Violences, etc. Act and the Punishment of Violences, etc. Act (a collective action, a deadly weapon, etc.) by putting the knife (30cm in total length, 18cm in knife length), which is a dangerous object in the Defendant’s main room at around 12:52 on May 15, 2013, and knife the knife (18cm in knife length) of the victim D, and continuously put the knife into the E knife and put the victim out of the E knife, knife the victim’s knife with his left hand, and knife the victim’s knife with his knife and knife the dangerous object, as knife in the victim’s item and knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs, deadly weapons, photographs, and on-site photographs;

1. CCTV images;

1. Application of Acts and subordinate statutes to investigation reports (related to the statement of a shote), investigation reports (the statement of the F phone statement of a witness);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Article 260 (1), Articles 371 and 366 of the Criminal Act concerning the crimes;

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

1. The fact that 3 million won has been deposited for the victim under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and the same criminal record or record; or

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