logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2013.05.30 2013고단346
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

one (No. 1) inserted in seizure shall be confiscated.

Reasons

Punishment of the crime

On March 1, 2013, the Defendant: (a) around 14:30 on March 1, 2013, the Defendant: (b) was arguinged with E while being aware of it at the right side of the Drown located in Seocheon-si C; (c) laid the brick, which is a dangerous object in the place; (d) laid down the string of the G-Crick’s car owned by the victim F, which was parked in the vicinity; (e) laid down the string of the car, which is a dangerous object in the place; and (e) damaged the property that is equivalent to KRW 410,000,000,000, such as the lower part of the driver’s seat of the said vehicle, the lower part of the lower part of the vehicle, and the lower part of the glass.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing the photograph of damaged vehicle, estimate, and photograph description;

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 defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act are asserted that he/she was in a state of mental disorder under the influence of alcohol at the time of the crime

In light of the records of this case, even though it is recognized that the defendant had a drinking condition at the time of the crime, considering the Defendant’s speech and behavior before and after the crime and the circumstances leading to the crime of this case, it does not seem that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

Therefore, the defendant and defense counsel's above assertion is not accepted.

The reason for sentencing is that the crime of this case was committed by the defendant merely because of the fact that the defendant was in harmony with dangerous articles, such as insertion and stones, and damaged another person's vehicle without any relation.

The defendant has a number of violent crimes records, most of them drink the alcohol without any special reasons as in this case, and violence is committed against others.

arrow