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(영문) 청주지방법원 충주지원 2013.11.22 2013고단629
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On August 29, 2013, at around 20:00, the Defendant: (a) got drunk in a new building located in the voice group of Chungcheongbuk-gun C; (b) took two times in the direction of large glass installed on the outer wall of the building; and (c) destroyed the victim D’s market price of at least two million won by destroying 10,000,000,000,000,000 won; and (d) 10,000,000,000 won.

2. At around 20:00 on September 9, 2013, at the same place as Paragraph 1, the Defendant: (a) laid down red bricks, which are dangerous objects for the same reason as Paragraph 1, two times in a large glass installed on the outer wall of the building; and (b) destroyed two copies of a large double reinforcement glass equivalent to KRW 2,00,000 in the victim D-owned market price.

3. On September 16, 2013, at around 21:25, at the same place as Paragraph (1) and paragraph (1) of this Article, the Defendant sought to set a locked building, but the Defendant was unable to set a locked glass door into the said new building, and she was unable to do so, and she was destroyed by destroying two large double reinforcement glass 2,00,000 won at the victim’s market price, which is a dangerous object installed on the front side of the building, three large glass installed on the front side of the building.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to report on the occurrence of each case;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime repeatedly on the grounds that the Defendant became scambling, and thus, the instant crime was not recovered. Therefore, the corresponding punishment is needed.

However, considering the facts that the defendant reflects the crime in favor of the defendant, other circumstances that are conditions for sentencing as shown in the records, such as the age, character and conduct, occupation and home environment of the defendant, shall be considered.

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