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(영문) 전주지방법원 정읍지원 2013.05.23 2012고단586
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by a fine not exceeding 15 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 14:00 on May 14, 2012, the Defendant: (a) destroyed the victim D(24 years of age)’s house located in Suwon-si C 201, by putting two cell phoness (30cm in length) of the victim’s mobile phones (1.3 million won in the market price), which are dangerous goods from the victim’s wife E in advance; and (b) 2 hard diskss (400,000 won in the market price) of the victim’s ownership.

2. In the date and time set forth in paragraph 1, the Defendant carried a spacker, which is a dangerous object for the same reason as that set forth in paragraph 1, and 10 times and walked 10 times in the victim’s boat, and 3-4 times in the face of drinking by hand after having 5-6 times in the victim’s boat, and 4-5 times in the face of the victim’s head, the Defendant inflicted injury on the victim by taking about 4-5 times in the face of an empty bottle, which is a dangerous object at that place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on the photograph of damage, certificate of injury, protocol of seizure, and seizure list;

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Articles 369(1), 366 of the Criminal Act (the point of special damage and damage), and selection of fines for a crime;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes include the confession of a crime with reason for sentencing and the misunderstanding of his/her mistake, the primary crime without any previous conviction, and the agreement with the victim, etc., shall be taken into account, and the punishment shall be determined as ordered by the Ordinance, by taking into account all the conditions

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