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(영문) 서울남부지방법원 2014.10.30 2014고단1984
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant was discharged from hospital due to alcohol addiction and was found to be the victim B living together with the defendant.

On May 4, 2014, at around 15:40, the Defendant: (a) found the victim’s house located in Gangseo-gu Seoul Metropolitan Government C 106 Dong 510, and caused the damage to the Defendant by getting off the door by intentionally opening the door, which was prepared in advance for the reason that the victim did not open the door by intentionally gathering the house.

Therefore, while the manager D repaired the above entrance knobs, the defendant, at around 22:00 on the same day, found the above 510 on the same day, and destroyed the entrance knobs by getting off the entrance knobs in the same manner on the same grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

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. 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;

1. Due consideration should be given to the circumstances that are favorable to the fact that there are many records of committing the same kind of violent crime against the victim of reasons for sentencing under Article 62-2 of the Probation Criminal Act, the fact that there is no record of having been sentenced to suspended sentence or heavier punishment due to the same kind of crime, and the fact that a mistake is recognized and is against the law;

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