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(영문) 수원지방법원 2015.07.01 2014고단5057
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc. and damage thereto);

A. On August 5, 2014, at around 00:25, the Defendant: (a) was placed in the victim E-owned glass window at the location of fire extinguishers, which is a dangerous object installed in the corridor on the second floor of the D Building in Fireproof City; and (b) continued to be placed outside of the building and located in the vicinity of the building, and damaged the repair cost of KRW 80,000,000, at the entrance of the first floor store owned by the same victim.

B. At around 00:40 on August 5, 2014, the Defendant destroyed the repair cost of KRW 232,716 to cover the back portion of the driver’s seat by citing stone, which is dangerous to the I taxi operated by the victim H (a.e., approximately 26cm, about 11cm in length, about 7cm in width) on the front side of the Gmat located in GEF, which had been located in the GEt.

C. When and at the same time and place as above “B”, the Defendant destroyed the Defendant’s repair cost by 1,093,332 won of the 1,093,332 won of the 1,093,332 won of the 3rd coup, which was an object dangerous to J-si owned by the victim C.

2. When and at the same time and place as the above “B”, the injured Defendant brought about the victim C (the 65-year-old age)’s face twice from the taxi and brought about approximately 14 days to the victim’s scam and damaged scam and scambling, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, C, and E;

1. Each photograph (field, damaged part, on-site CCTV, etc.);

1. A written diagnosis of injury, written estimate of repair costs, and a statement on automobile inspection;

1. Application of statutes to field CCTV images and investigation reports (victim E repair costs);

1. Article 257 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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