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(영문) 춘천지방법원 2014.01.23 2013고단1100
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 14, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc. destruction and damage) at around 03:10 on October 14, 2013, at around 03:10, the Defendant destroyed the free access (190cc in length, 80cc in width, 12cc in width) at the market price of the victim’s possession, using the hives (190cc in width, 190cc in width, 80cc in width) of the free access (190cc in width, 80cc in width) at the market price, which is a dangerous thing.

As a result, the defendant damaged the free entrance of 280,000 won which is the market price owned by the victim with dangerous objects.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective weapon, etc.) committed an intrusion upon the victim’s residence by breaking the above glass entrance door at the time and at the place specified in paragraph (1) and possessing the hives (43 cm in length, 12 cm in chains) which are dangerous articles, and entering the victim’s house operated by the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Photographs or on-site photograph of a deadly weapon;

1. Application of investigation reports (determination of victims and amount of damage related to destruction and damage of property) Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 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 Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act (the occupation of carrying and intrusion on a dangerous object);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the defendant has committed nine-time violence crimes, and the defendant expressed his intention of reflection while attempting to commit the instant crime.

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