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(영문) 창원지방법원 밀양지원 2013.12.05 2013고단467
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On July 17, 2013, from around 00:20 to around 03:30, the Defendant damaged the digital painting and the mobile phone camera with a pipe, which is a dangerous object prepared in advance for the reason that the victim does not open the door, which is a dangerous object prior to the victim’s house, in front of the Defendant’s 102-dong 1701 united B apartment house 102-dong 1701 united between the Defendant from around 00:20 to around 03:30, damaged the victim’s apartment door.

2. On the date and time set forth in Paragraph 1, the Defendant destroyed the flaging car to the extent that the repairing cost, such as the flaging car unit, the right door, and the flag pipe, which is the victim C, are dangerous goods, due to the same reasons as described in Paragraph 1, the Defendant destroyed the flaging car to the extent that the flaging car is equivalent to 960,000 won.

3. At the time set forth in Paragraph 1, the Defendant: (a) destroyed the said part of the damaged part of the E-cub car at the 102 apartment 102 parking lots set forth in Paragraph 1; (b) the Defendant, who is an object dangerous to the E-cub car that was parked there for the same reason as set forth in Paragraph 1, was driven by the FM5 car that was driven by the Defendant; and (c) damaged the said E-cub car to the extent that the repair cost, such as the cost for exchanging the front cuber.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. The scene of damage and photographs of damaged articles;

1. 쇠 pipe photographs;

1. Application of each of the Acts and subordinate statutes to a report on investigation (verification of personalphones and electronic sponsories) and written estimates;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;

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;

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