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(영문) 창원지방법원 통영지원 2013.12.06 2011고단244
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On September 30, 2010, at around 22:30 on September 30, 2010, the Defendant: (a) destroyed the damage of property by making it possible for the Defendant to drink female-friendly and multi-fit-fit-fit-fit-fit-fit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kick-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-kit-

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage, etc.) collected the hack pipe (am in length) which is a dangerous object that was parked behind the parked vehicle at the same time and place as the mentioned in the preceding paragraph, and thereby, damaged the hack pipe to have a part of the front glass part of the passenger car owned by the victim G two times by the said hack pipe, and damaged the roof part to have a repair cost of KRW 1,07,567.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, G, and E;

1. An investigation report (a written estimate attached to a cost estimate for repairing D studs);

1. Application of each written estimate statutes;

1. Relevant Articles of the Criminal Act and Article 366 of the Criminal Act for the crime, the choice of punishment, and Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the amount of damage is deposited for the victim and the fact that the defendant reflects on it);

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

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