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(영문) 수원지방법원 2014.07.01 2014고단1475
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

While under the influence of alcohol, the Defendant, around 19:55 on March 18, 2014, was under the influence of alcohol, parked on D’s front path in Suwon-gu, Suwon-gu, Suwon-si, with the victim’s vehicle XG’s car, and 3 times off the front glass and the driver’s seat of the said vehicle, by gathering concrete bricks located on the floor.

As a result, the Defendant destroyed the car by carrying a concrete brick, which is a dangerous object, to shoulder the front glass of the car, and to cover the repair cost equivalent to 69,796 won in total, such as breaking the car's seat and breaking the door.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. Written estimate;

1. Application of Acts and subordinate statutes concerning photographic images;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the defendant; the defendant wants the defendant's wife by mutual consent with the victim; there are circumstances to take into account the circumstances of the crime; the degree of damage; the age, character and conduct of the defendant; the environment; and the circumstances after the crime.

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