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(영문) 창원지방법원 통영지원 2014.08.28 2014고단78
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

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

Around 02:15 on January 5, 2014, the Defendant: (a) continued to drive a bath while under influence of alcohol from Dns located in Yong-si; (b) indicated each item (60cm in length) which is a dangerous object outside the saidns; (c) after the first top top top top top top top top top top of the victim E-owned by the victim who is parked there; (d) after the victim’s H learning car owned by G, the victim’s Ha first top top top of the driver’s seat of the HF car; and (e) after the victim’s Hastst-Pacific car’s driver’s seat top of the driver’s seat of the HF car; and (e) stated the above i30 car in the above indictment to the effect that the amount equivalent to KRW 148,00 for repair cost, 75,130 won, and (e) stated that the above employee’s aforementioned HF car should be punished for damage to the police officer’s respective goods.

The market price of the ownership was 35,000 won, and it was damaged by breaking up one philopon and unloading the clopter window, thereby damaging the amount of 15,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of L, E, and G;

1. A report on investigation, and a report on investigation (to be attached to a written estimate for victims);

1. Each comparison with the enemy;

1. Photographs, etc. of the damaged site;

1. Application of each written estimate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 366 of the Criminal Act;

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 ( Taking into account the circumstances favorable to the accused among the reasons for sentencing below);

1. Discretionary mitigation under Article 62(1) of the Criminal Act;

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