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(영문) 광주지방법원 2013.07.24 2013고단1684
폭력행위등처벌에관한법률위반(집단ㆍ흉기등손괴)
Text

A defendant 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

The defendant was prosecuted with suspicion of insulting the victim C residing in the same village for ten years, and was sentenced to a fine of two million won at the Gwangju District Court on February 7, 2003, and thereafter has lived with the village residents.

On March 14, 2013, the Defendant: (a) around 22:00, around 22:00, at the victim’s house located in C, and then, (b) caused the damage of KRW 863,958 of the repair cost by cutting off the victim’s house with a hack pipe (f8cm in length) which is a dangerous object brought by the victim and village at the house on the ground that he or she disregards himself or herself; and (c) destroying a decoration of KRW 250,00.

In addition, as soon as he found in the H's house located in G immediately, he cut off the H's son's son's her son's Ha's Ha's J Etp vehicle, etc. in the h's house, and damaged the amount equivalent to KRW 286,953 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, H, and K;

1. Application of Acts and subordinate statutes to report internal investigation (related to the submission of a written estimate of victim C), each investigation report (related to the submission of a written estimate of victim I, and photographs of damaged vehicles, etc.);

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. All the circumstances, such as the fact that the defendant led to the instant crime, the fact that there was no record that the defendant was punished for the same kind of crime, the defendant did not reach an agreement with the victims, but the victims' damage did not seem to be relatively serious, and the circumstances leading to the instant case, the age of the defendant, and family relations.

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