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(영문) 서울동부지방법원 2015.08.10 2015고단791
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
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A defendant shall be punished by imprisonment for not less than eight 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

The defendant was in a state of weak ability to discern things or make decisions at the time of committing the following crimes due to symptoms such as chronic depressions due to a dyshot disorder, improper behavior and damage network, unrealistic accident, and disorder of real judgment power.

At around 18:00 on April 4, 2015, the Defendant: (a) laid off the upper part of the victim PPP marketing management SK-WRD building on the first floor of the 6-1 East building in Gwangjin-gu, Seoul Special Metropolitan City, by cutting off one of the favorable door to the main bottle, which is a dangerous object; and (b) laid down one of the said knifties (32 m in the entire length, approximately 20 m in the knife and knife) with his arms and breast part of the knife with his upper part of the knife with his upper part of the knife with his upper part of the knife, and knife, knife (20 m in the knife-day length, about 5m in the knife glass door.

The Defendant continued to enter the above store, thereby harming the floor by breaking the cell phone devices, computer monitors, cameras, etc. on his hand, followed by a string, and let the employees and customers take a disturbance for about 15 minutes, including by putting them off as a tree who is a dangerous object in that place, and putting them off with a product display stand, television, glass door, etc.

The Defendant carried dangerous articles as above and damaged the property equivalent to the total market value of KRW 27,956,147, which is the victim’s possession, and obstructed the victim’s mobile phone store business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a investigative report (as to the contents ofCCTV image data and changes in the duration of crime), screen pictures of CCTV and investigation reports (as to the confirmation of the details of damage and the victim);

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of causing damage to dangerous property) and the Criminal Act, comprehensively with regard to the relevant Article of the Criminal Act and the choice of punishment.

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