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(영문) 춘천지방법원 원주지원 2014.09.03 2014고단624
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 of the final judgment.

Reasons

Punishment of the crime

On June 8, 2014, at around 04:20, the Defendant was in front of the victim D’s residence located in Gangwon-gun C, and the Defendant was in front of the victim’s mother living together with the victim several days before the victim, and was in front of the victim’s residence, thereby opening the entrance door of the above residence and leaving the door door of the victim’s house, where the market price cannot be known due to drinking. However, the Defendant shouldered the door door of the victim’s house in front of the house, cut off the door door door, cut off by breaking up the door door, 2 of the front of the house, which is a dangerous object in front of the house, and broken up two of the front of the house with two hand, which is a steel pipe (10cm, 10cm, 10cm) owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs damaged;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act [limited circumstances] agreement and circumstances that may be considered in light of the circumstances, the degree of the offense against the nature of the crime is not less minor, and the degree of the offense is sentenced to a fine of KRW 1 million due to obstruction of performance of official duties, etc. around March 2014.

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