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(영문) 대전지방법원 2013.09.05 2013고단1784
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On May 13, 2013, from around 20:32 to 20:43 of the same day, the Defendant took a bath to the victim “E” restaurant operated by the victim C in Daejeon-gu, Daejeon-gu, on the ground that the victim was seated at the entrance of the said restaurant, along with his/her day, on the ground that the victim was flicked, and that he/she was flicked at the entrance of the said restaurant, and he/she took a bath to the victim “I flick, I flick.” On the other hand, the Defendant flicked the victim’s computer and the entrance door door door, which was in front of the restaurant calculation unit, and flicked the network (total length of 50 cm), which is a dangerous object in the extension of the opening of the restaurant. The Defendant flicked the inside restaurant, and flick, flick, grack, CCTV, CCTV, mechanical cal, etc., and flick plastic.

Accordingly, the defendant carried dangerous articles and damaged the victim's property amounting to approximately KRW 6,690,00 in market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of written estimate or photographic Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The crime of this case on the grounds of sentencing in Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the scope of liability for compensation is unclear and thus it is not reasonable to issue an order for compensation in the criminal procedure) is inevitable in view of the following: (a) the crime of this case is committed by the defendant using a net value, which is a dangerous object without any particular reason, and the nature of the crime is not good; (b) the degree of physical and mental damage of the victim is not easy; and (c) the damage can be deemed as not making any effort to recover from damage

In the above circumstances, the defendant led to the crime of this case.

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