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Reasons
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(영문) 대구지방법원 상주지원 2014.07.15 2014고단143
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
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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 November 2013, the Defendant: (a) was in front of the D cafeteria operated by the Victim C, which is located in Seodaemun-si; (b) the Defendant’s husband and the victim; (c) laid off the entrance door of the above cafeteria with the emptyer, which is a dangerous object suspected of having a resistant relation; and (d) destroyed and damaged the entrance door of approximately KRW 500,000 at the market price owned by the victim.

2. On March 8, 2014, around 01:28, the Defendant destroyed and damaged a glass window of approximately KRW 500,000 at the market price owned by the victim by means of paragraph (1) at a place set forth in paragraph (1).

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. The police statement of C (the fact of Article 2 at the time of sale);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the screen by reporting an investigation (limited to the attachment of the CCTV video recording data to the screen) and by capturing each CCTV recording data attached thereto;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, 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, Article 60 (3) of the Juvenile Act;

1. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, a sentence shall be imposed as ordered, taking into account the following factors: (a) there is no record of criminal punishment since 2003; (b) the Defendant’s health is not good; and (c) the Defendant’s age, character, conduct and environment; (d) motives, means and results of the crime; and (e) the conditions of sentencing

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