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(영문) 제주지방법원 2014.05.15 2014고단275
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

Punishment of the crime

The Defendant divorced from the Victim B on January 28, 2014.

At around 02:40 on February 2, 2014, the Defendant found the victim’s residence located in Jeju-si C so that the victim can look at his/her children. However, on the ground that the victim does not open his/her door, he/she collected concrete sculptures (not less than 10cm in diameter) which are dangerous objects on the floor near the above residence, and damaged the victim and his/her children to have approximately 300,000,000 won of repair cost by destroying three copies of the windows of the above windows, where the victim and his/her children were divingd.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of written estimate and each photographic statute; and

1. Relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances with the reason for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act as stated in the reason for sentencing): The circumstance in which the facts of crime are recognized and reflects the fact of crime; and the circumstance in which it appears that the victim and his children living with the victim could not have known all of them in the course of divorce could not have been caused: The crime of cutting concrete sculptures in the situation where the victim and their children are living with them at the new wall time, which caused up to eight years of age by which they got married; the fact that there were three times of past records of having been sentenced to a fine for violence related crimes (the amount of 50 million won in 201, 500 million won in 204, 1 million won in 201, 1 million won in 2013): Other circumstances after the crime, the age, occupation, family relationship, etc. of the defendant;

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