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(영문) 청주지방법원 제천지원 2015.11.17 2015고단420
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 July 19, 2015, around 03:20 on July 19, 2015, the Defendant: (a) discovered a car in the victim B owned by the victim C, which was parked in the said place; and (b) thought that the Defendant was found in a car under the influence of alcohol and was confined by him/her in a car, thereby damaging the monmon, which is a dangerous object, thereby damaging the repair cost of KRW 284,00,000.

2. The Defendant, around 04:00 on July 19, 2015, discovered a FM5 car owned by the victim E, which was parked in the place specified in paragraph (1), and destroyed the Non-repair of the repair cost by leaving the glass of the driver’s seat, which is a dangerous object (a.e., 10cm, 8cm in length, 5cm in height, 5cm in height).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. A written request for part of motor vehicle glass;

1. Application of Acts and subordinate statutes to photographs taken of photographs, such as damaged vehicles, etc. and bricks;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant's act of damaging another's property by carrying dangerous articles with the reason of sentencing under Article 62 (1) of the Criminal Act (a favorable circumstances among the reasons of sentencing below) of the suspended sentence is the circumstances unfavorable to the defendant. The defendant confessions the crime of this case and is against the defendant. There is no previous conviction within the last 10 years, and some victims of the damage do not want the punishment against the defendant is the circumstances favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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