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(영문) 수원지방법원 평택지원 2014.03.20 2014고단121
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 26, 2014, the Defendant violated the Punishment of Violences, etc. Act (the destruction and damage of group, deadly weapons, etc.) at the 'E’ restaurant operated by the victim DD in Pyeongtaek-si, on or around 00:20 on January 26, 2014, the Defendant destroyed the glass door by gathering the drinking-related disease on the wall, which is a dangerous object on the tables, without any justifiable reason, without the influence of alcohol, by cutting off the glass door, putting the metal door for food transport, which is a dangerous object on the ma floor, and continuously breaking the door door door door door door, which is a dangerous object on the ma floor, and then continuously breaking it, caused the damage of the market value of the victim’s property by carrying a dangerous object.

2. The Defendant interfered with the business of the Defendant: (a) destroyed the property in the said restaurant at the time, at the place, as described in paragraph (1) above; and (b) interfered with the Defendant’s restaurant business of the victim D, which is a cafeteria, by force, by force, by destroying the property in the said restaurant as well as by causing the customers to walk in the restaurant.

Summary of Evidence

1. Statement made by the accused conforming to the facts constituting the offense in the first trial record;

1. Statement of the police statement concerning F;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 3 (1) of the Criminal Act, Article 366 of the Criminal Act, and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of imprisonment with prison labor).

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the aggravated punishment of concurrent crimes resulting from a violation of the Punishment of Violences, etc. Act (a violation of the said Act, a deadly weapon, etc.) and the long-term

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the accused is led to the confession of the crime and the degree of damage.

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