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(영문) 춘천지방법원 속초지원 2013.12.18 2013고단482
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

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

1. On October 14, 2013, the Defendant violated the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc. by a deadly weapon) (the crime of destruction and damage, etc. of a deadly weapon) followed by the victim C (the age of 42) operated by the victim C (the age of 15:25) at the Damoto City, “Do Do Do Do Do Do Do Do Do do do do do do do do do do do do do do do do

As a result, the Defendant carried dangerous objects and destroyed the wall, wall, notice, etc. to be KRW 3,019,50 of the repair cost.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective threat of deadly weapons, etc.) took place at the time, place, and place specified in paragraph (1) and threatened the victim C (the age of 42) by carrying a dangerous object by putting the victim a rash, which is an dangerous object.

3. The Defendant interfered with business by force interfered with the victim’s mother business operation by putting in place the sofash, at the time and place specified in paragraph (1), and by allowing customers who had been fashing with the sofash, such as “I am dead,” and “I am dead.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Records of seizure and the list of seizure;

1. Report on the attachment of photographs;

1. The application of Acts and subordinate statutes to an investigation report (a written estimate and written diagnosis);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of violation of the Punishment of Violences, etc. Act (Intimidation of Group, Deadly Weapons, etc.) and crime of interference with business);

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

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