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(영문) 의정부지방법원 2014.11.11 2014고단2692
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2014 Highest 2692] On July 4, 2014, at around 03:50, the Defendant: (a) laid down a brick, which is a dangerous object in front of the window of the driver’s seat of the vehicle and the front glass, and damaged the front and front of the repair cost of KRW 218,90,00.

[2014 Highest 3254] around 18:00 on August 20, 2014, the Defendant collected a string (1.5m in length) door, which is a dangerous object in the vicinity of the restaurant, on the ground that the part of the victim I opened a way to prevent the flow of the chemical, which was offered before the restaurant, and destroyed by cutting down one door of the window on the market price in which the victim owns the above restaurant, which is a dangerous object in the surrounding area, on the ground that the victim I opened in front of the restaurant.

Summary of Evidence

[2014 Highest 2692]

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. E statements;

1. A photograph of damage, investigation report (Submission of a written estimate of damage), - Written estimate of general repair expenses (2014 order, 3254);

1. Defendant's legal statement;

1. A written statement of I;

1. The application of Acts and subordinate statutes to prepare and report on scene photographs and recording records of damage;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, 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. For the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, each of the crimes in this case is destroyed or damaged by carrying dangerous objects, without any justifiable reason, while being in possession of others, and thus, the nature of the crime is very bad in light of the substance of the act. The Defendant has been punished by a fine, probation, or imprisonment with prison labor for repetitive violent crimes even before the instant case, and in particular, on October 8, 2013, one year of imprisonment with prison labor and two years of suspended execution.

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