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(영문) 서울중앙지방법원 2013.11.29 2013고단5334
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 16:00 on August 21, 2013, the Defendant collected at the crosswalks installed at the intersection of Seongdong-gu Seoul Metropolitan Mobridge, Gangnam-gu, and without any justifiable reason, one empty bottle, which is an object dangerous to the victim D (the age of 43) drive, and broken down the front glass of the said Mobbs.

As a result, the defendant carried dangerous articles and damaged the victim's above 46,622 won of repairing costs, such as replacement of glass, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's interrogation protocol of the accused;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. Photographs;

1. Although the defense counsel's claim for free payment of motor vehicles and the defense counsel's claim for photograph of victimized vehicle did not follow the criminal identification procedure, according to each of the above evidence, the victim at the time of the instant case asserted that he did not properly follow the criminal identification procedure. However, according to the following evidence: (i) the victim was working in the crosswalk in order to drive the motor vehicle pursuant to the new subparagraph; (ii) the victim was able to suffer damage to the motor vehicle; (iii) the victim committed the instant crime; (iv) the victim told the police of the direction of the police; (iv) the time of the instant crime is around 16:30 of August 21, 2013; and (v) the victim was identified as the criminal at around 16:30 of the same day to 17:05 of the same day; and (v) the witness was identified as the victim's witness at the time of interrogation; and (v) the witness was identified as the victim's witness at a very close time between the victim and the defense counsel; and (v) the time of witness.

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