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(영문) 전주지방법원 정읍지원 2014.03.11 2013고단645
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2013, the Defendant divorced from D, which is the wife of the victim C(55 years of age).

The defendant found the victim's house in the E Apartment 103 Dong 501 in order to report that the above D's domicile was the victim's house and find D', the former wife.

1. On November 3, 2013, the Defendant: (a) destroyed the property damage by a sound that the said victim’s house would put a divorced wife while drunkly under the victim’s house; and (b) destroyed the said victim’s entrance, number height, and personal philopon so that the market value of the Plaintiff’s house repair costs would be caused by drinking and spreading.

2. On November 4, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) was subject to a voluntary investigation in the F District due to the damage of property, such as the damage of property as described in paragraphs (1) and (2), and the assault and assault, and subsequently, found the above victim’s house at around 05:30 on November 4, 2013, and then, made the entrance entrance, etc., owned by the victim several times, which is a dangerous object (42.5 cm in length), and damaged the repair cost to have an amount equivalent to 7.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person commits a crime and misleads the person in question, and the fact that he/she has agreed with

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

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

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