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(영문) 부산지방법원 2013.05.24 2013고단303
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Although Sari-dong D, who worked as the Deputy Director of the Trade Union and Labor Relations Management Office in C Heavy Industries, committed suicide, the Defendant did not properly harm the funeral procedure from the side of the Trade Union and Labor Relations Management Office, and the funeral procedure was delayed on December 29, 2012. At around 03:40 on December 29, 2012, the Defendant rejected dangerous articles (96cm in length) that were loaded on his own vehicle (5.4cm in diameter x 15cm in diameter, 90cm in length) and sea money (90cm in length) and 1 head of the Sari-dong glass room (186cm in length x 200cm in length x 186cm in length x 120cm in length x 3030cm in width, 30cm in width x 40 cm in width, 30 cm in width x 40 cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Police seizure records;

1. The application of Acts and subordinate statutes to each investigation report (Attachment of photographs, written estimates);

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;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (All circumstances, including the fact that there is a need to take into account the circumstances leading to the instant crime, and the fact that the said defendant is against gender);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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