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(영문) 인천지방법원 2015.08.19 2015고단722
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2015, the Defendant: (a) around 02:25, around 02:25, on the ground that the Defendant was under the influence of alcohol before the victim C’s clothing store operated in Seo-gu Incheon Metropolitan City, and was unable to live. (b) On the other hand, the Defendant left a stone, which is a dangerous object at the upper part of the front glass of the above clothing store, and was accompanied by walking the above glass on several occasions.

Accordingly, the defendant carried dangerous articles and damaged the free will of the victim's ownership so that the repair cost is 200,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. Application of Acts and subordinate statutes to field photographs, deposit cards, and photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 3 (1) and Article 366 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act recognizes the crime of this case and reflects it, the fact that there is a large amount of damage is a favorable condition, the fact that the damage is broken off, which is a dangerous object, and the nature of the crime is not good, and the fact that the damage is not repaid, shall be considered disadvantageous circumstances, and the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.

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