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(영문) 수원지방법원 여주지원 2015.12.07 2015고단498
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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. On May 19, 2015, on the ground that the victim D (the age of 40) who worked as the employee of the defendant in the C Office located in Leecheon-si, Leecheon-si, the defendant collected glass, which was a dangerous article on his/her books, from the victim, while working in the office of Leecheon-si, Leecheon-si, where he/she had been working for the defendant as the employee of the defendant, changed the victim's benefits to the defendant, and then he/she collected the victim's face with the victim's hand, and added golf bonds, which are dangerous articles, to the victim.

Accordingly, the Defendant, carrying dangerous goods, and assaulted the victim with golf loans.

2. As stated in the above paragraph (1), the Defendant: (a) assaulted the victim D (year 40) as indicated in the above paragraph; (b) took a car at around 11:00 on May 19, 2015 at the place where the victim fleded the Defendant; and (c) taken a golf loan with a dangerous object to find a F office working for the victim E at approximately 1km away from May 19, 2015 at the place where the victim escaped; and (d) putting the said golf loan inside the said office, carried the said office, and broken off all kinds of houses, such as computers, monitors, etc. located in the said office.

As a result, the Defendant, carrying golf loans, which are dangerous objects, destroyed the property equivalent to the sum of KRW 3,302,00,000, such as computers and glass windows owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D and G;

1. On-site and victim photographs;

1. A criminal investigation report (Submission of a written estimate of victim D);

1. Application of the written estimate statutes;

1. Relevant Article 261 of the Criminal Act, Articles 260(1) (a) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, the choice of imprisonment for a crime, or the choice of a penalty;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are the cases of assaulting the victim by carrying dangerous articles and damaging the victim's property, which are not agreed with the victim.

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