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(영문) 춘천지방법원 강릉지원 2014.01.07 2013고단729
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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 February 26, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action and destruction of deadly weapons, etc.) destroyed the said car to cover KRW 1,007,838,00 of the repair cost, by putting the victim E, a dangerous object prepared in advance, for the reason that the victim E would make a good speech to himself/herself and have at hand, as an Aluminium air-RV car, with an Aluminium hold, which is a dangerous object for the victim’s possession.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) was at the time and place specified in paragraph (1), and when the victim E (the age 43) (the age 43) who sits in a driver’s seat of the said arche-RV car, with the above arche aluminium air-conditioning network, sealed the victim’s shoulder, and 4-5 times the victim’s bridge, shoulder, shoulder, arms, and traw, which she laid off on the said car, was a alkinum air-conditioning net of the said alkinium.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the statutes governing a written estimate;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a crime of carrying a dangerous object);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

1. Scope of punishment by law: One year and forty years;

2. The sentencing criteria are not set for the crimes of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective or deadly weapons, etc.).

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