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(영문) 수원지방법원 안양지원 2014.05.30 2014고단458
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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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

1. Around 01:40 on February 21, 2014, the Defendant: (a) collected cement bricks (a 19cm, 9cm, 9cm in height, 6cm in height) that are dangerous things at the front of the Gu, and damaged the cement bricks (a 19cm, 9cm in height, 6cm in height) that are the dangerous things at the front of the Gu, during the Ansan-si period; and (b) removed and damaged the left-hand windows and doors of the unclaimed passenger car at the market price owned by C by the victim C.

2. Around 02:00 on February 21, 2014, the Defendant issued a witness to destroy a vehicle at the place specified in paragraph (1) as stated in paragraph (1) from the victim D (the age of 36) who observed the destruction of the vehicle (i.e., the age of 36) (i., why he/she left the vehicle as a brick, (ii) the victim was faced with the above brick, which is a dangerous object, and (iii) the victim’s left face one time, and (iv) assaulted the victim’s left face two times by her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. C’s statement;

1. Damage photographs, etc.;

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a crime of assault against carrying dangerous articles);

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. Consideration of favorable circumstances, such as the fact that the defendant for the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act (hereinafter “Social Service Order”) had the record of having been sentenced to a fine twice for violent crimes in 2000 and 2005, the injury to the victims without any justifiable reason, and the agreement with the victim C, and the victims who did not want the punishment of the defendant

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