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(영문) 서울중앙지방법원 2015.07.02 2014고단9373
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2014, around 19:30, the Defendant destroyed the property by taking two prices of concrete stones (a 30 cm in length and 17 cm in length) which are dangerous articles, on the ground that the Defendant’s bank does not exist in front of the Seoul Western Station, which was managed by the Seoul Central District Court due to the unification of the Seoul Central District, on the ground that the Defendant’s bank was not located in the Seoul Central District, and then destroying the property by taking two prices of the columns of the Seodaemun Center.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs and damaged eavescopher of concrete flaps;

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 366 of the Criminal Act concerning the crime

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant has a history of serving several punishments for the same kind of crime, and is more favorable to the fact that the defendant is against his or her wrongness, and that the degree of damage to property is not significant.

In addition, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be sentenced to the same sentence as the disposition.

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