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(영문) 창원지방법원 2014.09.16 2014고단1380
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On December 24, 2013, the Defendant: (a) around 03:00, at the fifth floor male toilet of the Meart Building, in the crogate 35-8, Changwon-si, the Defendant: (b) laid the beer disease, which is an object dangerous to the victim C (the age of 26) returned home to a person who was in the city of the Defendant; (c) cut off the beer disease, which is an object dangerous to the victim’s head at one time; and (d) destroyed the yellow beer disease, which is a continuously dangerous object, the market price of which was KRW 400,000,000, which was owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to each investigation report (No. 3 and 5 No. 5 of the evidence list);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the occupation of a dangerous portable assault), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act for a crime;

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

1. It is so decided as per Disposition by the Sentencing Committee within the scope of the sentencing guidelines set forth in Article 62(1) of the Criminal Act (i.e., reflects that there is no reflectivity, no penalty surcharge, or no previous criminal record on three occasions).

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