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(영문) 부산지방법원 2014.10.01 2014고단6610
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Busan District Court on November 24, 2012, and completed the execution of the above punishment.

On July 26, 2014, around 08:50, the Defendant: (a) performed drinking in front of the house of the victim D, 1,609, the victim D, and 1,609, together with the victim D, and went to the house of the victim D after drinking alcohol; (b) the victim D did not open the door; and (c) the victim F, which is a dangerous object managed by the victim F, installed on the wall surface of the corridor, used a fire extinguisher to set the house door of the victim D and cut off three to four times, and divided the fire extinguishing amount into the corridor.

On the other hand, the defendant continued to break the glass window by gathering the windows of the 16th floor outer wall of the 16th floor through another fire extinguisher, which is a dangerous object managed by the victim F of the victim F of the hallway at the place where the defendant's corridor is located, and the fire extinguishing machine falls off on the H car owned by the victim G in the apartment parking lot, which is parked on the apartment parking lot, thereby cutting off the roof of the vehicle and cutting off the glass window.

As a result, the Defendant destroyed two fire extinguisherss equivalent to 60,000 won in total of the market price managed by the victim F, and destroyed by carrying the above fire extinguishers, which are dangerous objects, one entrances equivalent to 350,000 won in the market price owned by the victim D, one set of free windows equivalent to 850,000 won in the market price managed by the victim F, and one car owned by the victim G, which is equivalent to 1,417,018 won in the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and I;

1. Photographs of damaged articles;

1. Written estimate;

1. Investigation report (verification of the market price of the victim's counterpart goods);

1. Previous records of judgment: Application of inquiries, such as criminal records, and each investigation report (Attachment of confinement records and data for case search, and attachment of judgment related to criminal records of the defendant's criminal records);

1. The carrying of dangerous objects under Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3(1) and 366 of the Criminal Act;

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