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(영문) 춘천지방법원 영월지원 2014.11.28 2014고단434
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 4, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage) destroyed the victim D’s office located in Gangseo-gun C, Gangwon-do, by means of electric divers and divers, etc., which are dangerous articles with the entrance of the said office.

Accordingly, the defendant used dangerous objects to damage the entrance of the victim to the extent of 400,000 won in repairing cost.

2. The injured Defendant destroyed the entrance at the time, place, as mentioned in Paragraph 1, and entered the office, and opened the entrance, and opened the victim F (36 years of age) at one time with hand, and laid the wind to the victim G (28 years of age).

As a result, the Defendant committed an injury to the victim F in the left side in need of approximately two weeks of treatment, and the victim G in need of treatment for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, D, and G;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Taking into account that the victims of reasons for sentencing under Article 62 (1) of the Criminal Act have not been seriously affected and that they have agreed with the victims and that they are the first offender in the suspended sentence;

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