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(영문) 부산지방법원 동부지원 2015.04.01 2015고단13
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant and the victim C(the age of 42) are adjoining people who live in the house that has contacted with each other, and there was frequent time for noise due to ordinary noise problems.

On August 14, 2014, at around 23:00, the Defendant, in front of the Defendant’s house located in Nam-gu, Busan, for the reason that the victim had arbitrarily raised water in front of the Defendant’s house air conditioner, and was in trial with the victim, the Defendant laid down the brick, which is a dangerous object in the vicinity, toward the victim’s house windows, so that the victim’s house windows cannot be known and the market price cannot be known, and broken one copy of the glass window where the market price is unknown.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act;

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