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(영문) 대전지방법원 천안지원 2014.02.18 2013고단1534
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
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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

The defendant was a person engaged in self-business, and the victim B (the age of 45) and women's problems, and the defendant did not have good appraisal of the victim.

1. At around 19:00 on July 13, 2013, the Defendant: (a) under the influence of alcohol in front of the victim D (the age of 24)’s house located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, 104, 405, the Defendant destroyed the front door, which is the victim’s possession, for the repair cost of KRW 500,000, by misunderstanding the said 405 subparagraph B as the house of the victim D (the age of 24).

2. The Defendant continued to damage the entrance door, etc. owned by the victim, which is a dangerous article in front of the victim B’s house located in the above C building 104 505 dong 104 505 dong 105 dong 105 dong 105 dong 505 dong 105 dong 100.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. B written statements;

1. Written estimate;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act as to the crime concerned, Article 366 of the Criminal Act. Article 37 former part of Article 37 of the Criminal Act among concurrent offenders, Articles 38(1)2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. In light of the background, method, and content, etc. of the instant crime with the reason for sentencing under Article 48(1)1 of the Criminal Act, the punishment as set forth in the Disposition shall be determined by taking into account the following: (a) the Defendant’s liability is unreasonable; (b) the Defendant’s reflects the Defendant; and (c)

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