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(영문) 제주지방법원 2014.02.20 2014고단61
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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. On August 28, 2013, around 17:40, the injured Defendant found before the office of D Co., Ltd. (54 years of age) operated by the Victim C (54) located in Jeju-si, in order to resist the Defendant’s mother to claim the Defendant’s her mother to her mother, and held the victim’s inside part of the victim’s her mother in drinking, and the victim’s side part of the victim’s side her face she walked twice, thereby requiring approximately two weeks of treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) had a stone with the same time and place as the above paragraph (1) above, and had a stone with a stone stone, which had been located therein, and continued to bring golf debt to the Defendant’s string line and shoulder the glass of the said office.

Accordingly, the defendant damaged a stone straw, which is a dangerous object, and a golf straw, which is 130,000 won or more of the market price of the victim-owned glass.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure, and the written diagnosis;

1. Article 257 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the confession and reflective facts made by the defendant, and the damage has been recovered);

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

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