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(영문) 의정부지방법원 고양지원 2015.06.12 2015고단880
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 13, 2014, the Defendant violated the Punishment of Violences, etc. Act (the destruction of and damage to a deadly weapon, etc.) caused damage to the Defendant, on the ground that C/D, etc., who had placed a c/heatus in the 2nd floor of the "Seoyang-si White General Social Welfare Center" on the second floor of the "Songyang-si White-gu White-ro" 61, Goyang-si, Goyang-si, caused the Defendant to ignore himself/herself of the defect that "Seoyang-si Ma........................, the Defendant destroyed the excessive (13cc in the blade length) of the dangerous thing that he/she was in possession of the victim at the time when he/she turned out, to the extent that the repair cost is equivalent to 1.50

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) stated in paragraph (1), at the time and place, that is, the victim E (the age of 64) who was aware of the disturbance, while avoiding disturbance, did not stop the Defendant, and the victim E (the age of 64) who was faced with the disturbance was punished for physical fighting, thereby causing injury to the victim, such as clothes, fins that require approximately three weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to each photograph (the articles of seizure, E-Bodi photo, damaged article photograph);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (a person who inflicts bodily injury on a dangerous object), Article 257 (1) 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. Social service order under Article 62-2 of the Criminal Act;

1. Seizure records under Article 48(1)1 of the Criminal Act are made.

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