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(영문) 전주지방법원 2014.05.20 2014고단293
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 of the final judgment.

Reasons

Criminal facts

On January 14, 2014, at around 22:43, the Defendant: (a) returned home on the way before the 'D Hospital' parking lot in the Busan Metropolitan City, the Defendant: (b) left the 'D Hospital' on the way in front of the 'D Hospital' parking lot; (c) left the wall, which is a dangerous object stored at one of the construction sites, with a view to the victim E, who was parked in the near the gate, and damaged the 3.10,000 won of the window after the driver’s seat of the above vehicle; and (d) damaged the window glass in front of the driver’s seat, which was parked in the vicinity of the dangerous object, to the repair cost.

Accordingly, the defendant damaged another's property by using a brick, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Reports on internal investigation, reports on investigation, and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to a field photograph and written estimate of general repair expenses;

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;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (The circumstances favorable to the defendant, such as the fact that the defendant has committed a crime in this case, and that the defendant has committed a serious violation against his will while making a confession of the crime in this case, and that the victims want to take the wife of the defendant by agreement with

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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