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(영문) 수원지방법원 성남지원 2014.08.22 2014고단1509
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

Defendant

A shall be punished by imprisonment for six 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. Defendant A: (a) around 12:40 on March 11, 2014, on the grounds that the father of the victim’s father committed an indecent act against the Defendant’s father at the front parking lot in front of the F Teaching Institutes operated by the Victim E located in Gwangju-si, Defendant A: (b) thereby damaging the victim’s private teaching institute’s private teaching institute business by unloading the front glass of the G passenger car, the driver’s seat window, etc., which was parked with a dangerous object, and entering the private teaching institute, thereby damaging the f71,940 won in total at the market price and obstructing the victim’s private teaching institute business by force.

2. Defendant B, around March 12, 2014, listened to about 10 residents around the pertinent private teaching institute, Defendant B publicly insultingd the victim E by saying, “I knenee, knee, kne, kne, kne and kne, kne, kne, kne, kne, kne, and kne.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement of E;

1. On-site photographs;

1. Each estimate and receipt;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (verification, etc. of the amount of damage);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and Article 314(1) of the Criminal Act (a) of the Criminal Act

B. Defendant B: Article 311 of the Criminal Act (Selection of Fine)

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (one day per 100,000 won);

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Penalty defendant B to be suspended: Fine of 1,000,000 won;

1. Defendant B of suspended sentence: The reasons for sentencing under Article 59(1) of the Criminal Act are the time when the Defendants were committed, and they are divided.

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