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(영문) 의정부지방법원 고양지원 2014.07.18 2014고단1102
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who is lodging and serving in the “E” restaurant for the operation of the victim D in Pakistan at the time of strike, and is an employee.

On May 28, 2014, the Defendant: (a) around 01:10 on May 28, 2014, the Defendant: (b) carried dangerous objects, such as the air conditioners, breaking three kitchen blades, which are dangerous objects under the influence of alcohol, on the ground that the victim who was set up at the restaurant showed the impulse that he was frightencing in the restaurant; (c) laid off three kitchens, which are dangerous objects under the influence of alcohol; and (d) broken off pots, bottled a molecule, etc., and damaged the goods in total of KRW 372,00 in the market price by carrying them on the cooling, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of reference witness of the prosecution concerning D;

1. Written estimate of damage;

1. Application of statutes on site photographs;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence was determined in consideration of the following: (a) there are no circumstances to consider the motive for the instant crime; (b) the risk of the instant crime is very large; and (c) the amount of damage is not very large; and (d) the Defendant

It is so decided as per Disposition for the above reasons.

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