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(영문) 창원지방법원 통영지원 2013.11.08 2013고단651
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

At around 10:20 on August 3, 2013, the Defendant discovered that the victim E (the age of 47, n, n) who was dissatisfied with the Defendant’s right before and after the Domogate located in Tong Young-si, was on board a F Domo vehicle, and demanded the victim to open a door. However, on the ground that the victim did not open a door, the Defendant’s G that was parked in the neighboring area, cut off a golf bond (draber, Hd, 460c) which was owned by the Defendant’s G that was parked in the adjacent area, and cut off the golf bond (the Domo, fl, 460c), which is a dangerous object located in the between the bitle, and returned to the victim, “off from the car, cut off from the car, sweak, sweak and grow back to sweak.” On the above golf debt, the Defendant cut off the above Domo vehicle into a free fry, and cut off it to the victim.

Accordingly, the defendant carried dangerous objects and destroyed the above Liber vehicle to cover approximately KRW 90,000 for repair costs, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to A by the police;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act (the occupation of violence against carrying dangerous articles), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the occupation of carrying and damaging dangerous articles);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. In the case of this case where the reason for sentencing under Article 48 (1) 1 of the Criminal Act is the reason for sentencing, it may be referred to as the sentencing data according to the sentencing guidelines for four months to one year; and

【Violation of the Punishment of Violences, etc. Act (Crime of Violence, etc.).

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