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(영문) 춘천지방법원 원주지원 2014.09.30 2014고단620
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

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

On January 16, 2014, at around 06:57, the Defendant discovered a Fran-type car in front of the E-cafeteria located in the original city, which is owned by the victim C (n. 44 years old). Before the towing, the Defendant: (a) discovered a Fran-type car owned by the victim C (n. 44 years old); (b) discovered the victim’s vehicle moving parking before the towing, which is a dangerous object possessed by the victim at the house or at the house, and broken down the front, rear glass, glass, windows, etc., where the market price of the passenger car owned by the victim is unknown.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (any reason why the knife aluminium camping net has been damaged by the knife);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, agreement, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 25 (3) 3 and Articles 32 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings of Application for Compensation;

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