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(영문) 대구지방법원 경주지원 2014.05.14 2014고단12
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 December 18, 2013, the Defendant, at around 21:50 on December 21, 2013, at the main point of “D,” operated by the victim C, who was drunk and demanded the credit value from the victim C, destroyed one copy of the glass entrance (100cm at a street, 187cm in length, 187cm in length) at the market price, which is a dangerous object outside the main point of view (30cm in length, 50cm in thickness), which is a dangerous object outside the main point of view.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes of reports on occurrence (such as violence, etc., deadly weapons, destruction and damage), internal investigation reports (including field photographs, etc.), field photographs, etc., investigation reports (related to attachment of a written agreement), written agreement, investigation reports (related to attachment of written estimates for damage),

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The suspended sentence of this case under Article 62(1) of the Criminal Act is not well-grounded in the nature of the crime of this case: Provided, That it is so decided as per Disposition by taking into account all the sentencing conditions under Article 51 of the Criminal Act, which can be known through the records and pleadings, such as the fact that the victim agreed smoothly with the victim, the fact that the victim has no record of imprisonment or more than the past, and the circumstances after the defendant's age

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