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(영문) 대구지방법원 2014.01.10 2013고단5253
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

1. On July 28, 2013, the Defendant collected each item ( approximately 2 cm in diameter and approximately 60 cm in length), which is dangerous goods, at the Korean bank parking lot located in Daegu-dong, Daegu-dong, 214-4, Daegu-dong, 2013, and led the victim C, who was parked at that place, to the front glass of the Drewing-dong, which is the victim C, and damaged the said vehicle so that the repair cost of KRW 200,000,000,000,000;

2.To damage the above vehicles in such a way that the above items are continuously set aside at the above time and place to the front glass, etc. of the passenger car owned by the victim E with the highest amount of KRW 708,473;

3.In the above time and place, each of the above items shall be continuously unloaded from the glass window after the victim H-to-pured vehicle owned by G, and the vehicle shall be damaged to ensure that the vehicle is walking at the 637,666 won of the cost of repair, by walking the vehicle due to a power failure;

4. At around 02:30 on the same day, the main points of the J operated by the victim I at the same place as above, string up red bricks (a 11cm, 21cm in length, 6cm in height) (a) which are dangerous objects under the main entrance of the main entrance and 2.6cm in order to remove the entrance and windows, and then damage the above main entrance and windows so that the repair cost of KRW 2.80,000 in repair cost would be 2.8cm.

Accordingly, the defendant, using dangerous articles, destroyed the victims' property amounting to KRW 1,826,139 to four times, thereby impairing their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each written statement of C, K, and L;

1. The application of Acts and subordinate statutes related to the submission of a written estimate for damage;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that he/she acknowledges and repents, reimburses the amount of damages and agrees with the victims, and taking into account the circumstances, results, etc. of the instant crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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