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(영문) 춘천지방법원 원주지원 2013.06.26 2013고단260
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 14, 2013, at around 21:45, the injured Defendant considered the issue of male relationship between the victim D (n, 46 years of age) who was known to the usual sense in front of the main point of “C” located in “C” in “C”, and led the victim’s head and head, leading the road distance, leading the victim to the victim, leading the victim to the treatment period, leading the victim to the direction of the victim’s right side.

2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc. and damage thereto);

A. At the date and time set forth in Paragraph 1, the Defendant collected bricks, which are dangerous objects around the police, when the victim D reported to the police at the time and place set forth in Paragraph 1, and damaged the repair cost by breaking it out in front of the E-to-pured vehicle owned by the victim.

B. On May 14, 2013, at around 22:33, the Defendant found at the main points of the above 'C', which was operated by the victim D, at the location described in the above 1st paragraph, and destroyed the above 'C', which is a dangerous object that the victim D, so that the Defendant collected concrete stuff (30 cm in length) which is a dangerous object that had existed in the vicinity, and damaged the above 'E- Absp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act concerning 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., Supreme Court Decision 201Da1548, Apr. 2, 2011);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the preceding);

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

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