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(영문) 서울북부지방법원 2015.04.15 2014고단4192
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 18:40 on October 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc. causing damage, etc.) destroyed the property of the victim, which is an object of sudden harm, such as “bed glass bottle,” which was owned by the victim D driving in the signal at a certain point, while obstructing the passage of other vehicles on the roads prior to Dongdaemun-gu Seoul Metropolitan Government, on the ground that the taxi officers in his name refuse the Defendant’s boarding. On the same day, the Defendant damaged the victim’s property so that the repair costs would be caused by the following: (a) having obstructed the passage of other vehicles on the road; and (b) having obstructed the passage of other vehicles on the road.

2. On October 23, 2014, at around 18:54, the Defendant damaged the property damage, as described in paragraph (1), the Defendant obstructed the passage of G sti-type vehicles, which are owned by the victim F, even after destroying the said D’s vehicle, and thereby, the said victim gets off the string of the string and the victim’s desire to take the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2014 and then damaged the property of the string of the 394,158 won

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Photographss and photographs of damaged vehicles and of glass bottles;

1. Application of the statutes governing a written estimate;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act concerning the punishment of crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the length of two crimes) of the aggravated concurrent crimes;

1. Determination of the extent of damage and damage to the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., factors favorable to the defendant among the reasons for discretionary mitigation) is minor and acceptable.

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