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(영문) 창원지방법원 거창지원 2013.06.05 2013고단140
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:00 on December 21, 2012, the Defendant: (a) suspected of having reported the Defendant’s movement to Cn't come to the Furb operated by the victim D; (b) discovered the victim’s horse dispute with B in the Gyeongnam-gun E at the guidance room; (c) laid off the information room by putting the marb in the mar of the guidance room; and (d) tried to enter the information room after gathering the rubber that had been on the part of the victim; (c) tried to have the rubber that had been on the part of the victim, who was aware of the Defendant’s happiness, opened the entrance door of the information room at the inside and without opening it, and tried to remove the marb, a stone, a dangerous object, 15cc in length, with a stone, a guide board owned by the victim, 10 days in the repair room, 10 days in total, 10 days in front of the guidance room, 10 days in front of the guide room, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes, written estimates, receipts, photographs (No. 4, 15 No. 15)

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;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the fact that an agreement is made with the injured party and the fact that they reflect their mistakes);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Concurrent consideration of the grounds for reduction of punishment);

1. Social service order under Article 62-2 of the Criminal Act;

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