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(영문) 광주지방법원 목포지원 2015.04.21 2015고단156
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 became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc. damage, etc.) found the following: (a) the victim C (V, 44 years old) who was in a navigational relationship with the victim C (V,) while driving the Category B, while driving the Category B, within the Korea-U.S. Underground Parking Lot No. 22-ro 10, 00 on December 19, 2014, the victim’s rocketing and the latter part of the C.S. car, which is a dangerous object, was sent back to the vehicle; (b) changed its direction into the front part of the said O.S. car; and (c) changed its direction so that the victim and the 243636363 members of the repair cost of the said rocketing and the 44th 76th 76th 766 of the repair cost of the said car.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. Around 00:30 on December 19, 2014, the Defendant driven a B ice car with a blood alcohol concentration of about 0.092% from a section of approximately 200 meters to the above underground parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The circumstantial report on the driver and the report on detection of the driver;

1. A copy of a written estimate;

1. Application of Acts and subordinate statutes, such as photographs of vehicle damage;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 366 of the Criminal Act; Article 148-2(2)3 and Article 44(1) of the Road Traffic Act (amended by Act No. 12896, Dec. 30, 201);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Suspension of execution;

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