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(영문) 광주지방법원 목포지원 2014.05.16 2014고단477
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

On December 8, 2013, at around 02:40, the Defendant requested the victim to leave female house in the “D” entertainment tavern operated by the victim C (man, 47 years of age) in Yong-gun, Young-gun, Manam. However, on the ground that the victim refused the request, the Defendant laid down two beer bottles, which are dangerous things in the vicinity of the entrance of the said entertainment tavern entrance, leading up to the entrance, and broken down the entrance doors of KRW 120,00,000 at the market price owned by the victim.

The defendant, carrying dangerous objects, thereby damaging property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. As to the investigation report (as to the estimated price in favor of the damaged and damaged goods)

1. Application of statutes on site photographs;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2009)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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