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(영문) 부산지방법원 동부지원 2015.03.26 2014고단2252
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 24, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc., damage) destroyed by cutting off four chemical parts and one store glass, which were owned by the victim, holding a dangerous article under the influence of alcohol ( approximately 25.5 cm in total length, approximately 15.5 cm in length on a day), in front of the victim D’s house located in the Nam-gu Busan Metropolitan City Cresh Adong 2, and destroying it by spreading four chemical parts and one store glass, which were owned by the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) expressed that the Defendant threatened the victim, who was in danger of harming the victim D (the age of 63) out of play at the same time and at the above place, and threatened the victim by saying, “the victim is dead.....................”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on investigation reports (field appearance and photographic photo);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. In light of the following circumstances in the grounds for sentencing under Article 48(1)1 of the Criminal Act, and other factors as stated in the Defendant’s age, character and conduct, environment, motive and circumstances leading to the Defendant to commit the instant crime, means and consequences of the instant crime, and the circumstances before and after the instant crime, it is necessary to punish the Defendant significantly. However, the Defendant is sentenced to imprisonment with prison labor.

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