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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 The Defendant was sentenced to two years of imprisonment for a period of eight months in violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Sung-nam Branch of Suwon District Court on May 14, 2015, and is currently under probation after the judgment became final and conclusive on May 22, 2015.
【Criminal Facts】
1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등) 피고인은 2015. 6. 10. 02:50경 성남시 수정구 C 앞 노상에서, 평소 사이가 좋지 않은 지인인 성불상 D을 우연히 만나 말다툼을 하던 중 화가 나 주변에 버려진 위험한 물건인 벽돌을 집어들어 그 곳에 주차된 피해자 E(36세) 소유의 F 라세티 승용차의 운전석 유리창를 향해 던지고, 주변에 버려진 플리스틱으로 된 아이스박스를 집어들고 위 승용차의 앞 유리창과 운전석 유리창을 내리찧어 운전석 유리창을 깨뜨렸다.
Accordingly, the defendant carried a brick, which is a dangerous object, damaged the victim's property amounting to approximately KRW 8,00,000 in the estimation of repair cost.
2. The injured Defendant: (a) while destroying a passenger car at the time, at the place, as described in paragraph 1, and as described in paragraph 1, the Victim G (19 years of age) and the snow that were followed by the victim, stating, “When she comes to fall under any of the above,” and collected the ice blus described in paragraph 1, which are located on the floor, and prices twice the blus of the victim.
As a result, the defendant put the victim a elbow elbow with which the number of treatment days can not be known.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of each police statement concerning E and G;
1. On-site photographs and damaged photographs;
1. A written diagnosis and written estimate;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc., the Criminal Act, Article 2(1)1 of the same Act concerning criminal facts;