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(영문) 광주지방법원 순천지원 2013.08.09 2013고단1109
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

1. On May 24, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc. damage, etc.) reported that the Victim F, who is a female living together, 55 years old, drinks alcohol with other males at the main point of the trade name “E” located in Macheon-si, Ma-si, at the end of May 2013, 2013, the Defendant knifed the victim’s knife at the front of the main point, which is a dangerous object located far ahead of the main point, and broken it by knifeing the front side of the G Eth car parked in front of the main point of the road, which is a dangerous object at the main point.

Accordingly, the defendant carried dangerous objects and damaged the damaged vehicle to use repair cost of 220,000 won.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) tried to restrain the Defendant’s behavior identical to that of the preceding paragraph at the same time and place as that of the preceding paragraph by a neighbor C (n't. 43 years of age) who is a neighboring resident. The Defendant collected a steel chair, which is a dangerous object at the main place, and was suitable for the face of

As a result, the defendant carried dangerous articles and carried them about four weeks of medical treatment, and tried to open the mouth part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. On-site photographs, photographs of damaged parts, and photographs;

1. Written estimate;

1. Application of Acts and subordinate statutes to medical certificates and medical opinions;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning the punishment of a crime;

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

1. The victim made a statement that he/she is against the mistake under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and the victim agrees with the victim of the damage and damage to a deadly weapon carried property.

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