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(영문) 부산지방법원 2014.02.12 2013고단7738
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

On October 4, 2013, at around 18:30, the Defendant used one transition (22 cm in total length, 12 cm in total) that was a deadly weapon on the ground that C was not a deadly weapons, and found at No. 110-dong 508, Busan, Busan, the residence of which was located.

The Defendant displayed the above excessive restriction to the husband E (the 49-year-old) of C, who want to take the first race before the above house, and showed that “C has died once,” thereby threatening the victim of about 7-8 minutes of household volume, and added the above excessive restriction to the above above, and caused the damage to the victim’s multi-use windows of the apartment house, which is the victim’s possession, to have a approximately KRW 70,000 of the repair cost.

Accordingly, the defendant threatened the victim with excessive use of a deadly weapon and damaged the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written estimate of the investigation report;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the same Act; Article 366 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., confession, degree of intimidation and damage and the fact that there is no criminal record of a suspended sentence of imprisonment or any heavier punishment);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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