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(영문) 광주지방법원 목포지원 2014.06.03 2014고단311
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 00:15 on January 28, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., destruction and damage, etc.) said, at the entrance of “Dins house” operated by the victim C at a wooden city, the Defendant: (a) considered that a woman, who is unable to know the names he/she was able to know about the said female house, took a bath to the Defendant; (b) said woman, who was in front of the said female house, was able to take a bath at the entrance of the said female house; (c) the kitchen knife, which is a dangerous thing that had continuously entered the said female house, has broken the glass of the said female house; and (d) the kitchen knife, which is a dangerous thing that had been in front of the said female house, has broken by affixing a large number of a kitchen 1, 1, 1, 3, 1, 1, and 1st floor.

Accordingly, the defendant carried dangerous articles and damaged the victim's property so that the sum of the market value is 20,000 won.

2. The Defendant interfered with the business by putting the kitchen knife, which had been held at the time and place indicated in paragraph (1), on both hand, and fright the victim C’s insurine by force by putting a disturbance, such as a booming the room on the second floor of the said female, which was going up with the second floor of the said female, and going up with the entrance of the guest room, by putting the guest who was accommodated in the said room at the third floor of the said female, on his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written estimate;

1. A criminal investigation report (the details of damage inflicted on the victim and the details of the written estimate attached);

1. Application of Acts and subordinate statutes, such as kitchens, kitchenss, and photographs of damaged glass windows;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act, and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Of concurrent crimes, the sum total of the long-term punishments under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be the scope of concurrent crimes; and

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