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(영문) 수원지방법원 2015.01.13 2014고단4483
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six 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

On May 3, 2014, at around 21:00, the Defendant, a pro-friendly victim C(63 years of age) residing in Gwangjin-gu Seoul Special Metropolitan City, on the issue of land ownership transfer and the case of assaulting the Defendant, and the victim divided the first race while obstructing the communication on the part of the Defendant. However, as the victim refused and opened a door, the victim did not open the door, which is a dangerous object prior to the possession of the victim's residence (a 10 cm, length 30 cm) and damaged the entrance and the first race of the victim's residence so that the repair expenses can be restored.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 21, 201; Decision 201Do135, Feb

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances in the preceding);

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

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