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(영문) 창원지방법원 2014.10.15 2014고단1526
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 21, 2014, the Defendant: (a) around 01:30 on May 21, 2014, 2014, around Kimhae-si, the Defendant: (b) set the part of the instant passenger car’s package with hacks (a 76 cm in length) which is a dangerous object carried at the entrance of nearby singing, and damaged the repair cost to the extent that it exceeds 200,000 won.

2. The Defendant committed a crime against the victim new-name taxi at the same place as the above 1. Paragraph 1., and the Defendant, while driving the said taxi, destroyed the repair cost of KRW 255,352 by unloading the part behind the said taxi, which is a dangerous object, to G taxi owned by the victim new-name taxi that was driven by F while driving the said taxi.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to each investigation report (a written estimate attached and expenses incurred in repairing vehicles);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that agreement has been reached with victims);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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