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(영문) 대구지방법원 포항지원 2015.05.14 2015고단14
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

Although no one may commit an act of abuse, such as inflicting an injury on an animal by using a tool, etc., the Defendant was at around December 28, 2014 at the entrance of the temple, a temple, where the victim C (legal name D) was well known, and caused an injury to the dog by gathering a pipe (2m in length, 5m in diameter), which is a dangerous object at the site of the temple, for the reason that the sat (6 months in length) owned by the victim C was satned from a satch, and cutting down the sat (5m in diameter) and cutting down the sat, which is a dangerous object at the site of the temple, where the victim C (legal name D) was exposed, on December 28, 2014.

Accordingly, the defendant carried dangerous objects and destroyed the medical treatment costs of 8,418,800 won, which is the victim's possession, and at the same time abused animals by using tools.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and C;

1. Police seizure records;

1. Each investigation report (shot photographs; confirmation of the details of treatment expenses; attachment of hack pipe photographs); application of each receipt statute;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 366 of the Criminal Act, and Articles 46 (1) and 8 (2) 1 of the Animal Protection Act (a point of abuse of animals);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who violates the Punishment of Violences, etc. Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. The suspended sentence of Article 62(1) of the Criminal Act imposes heavy injury on animals, taking advantage of dangerous articles with reason for sentencing, and the nature of the crime is heavy in light of the fact that the victim did not agree with the victim.

However, the defendant has no record of punishment for the same type of crime, and is sentenced to a suspended sentence for about 13 years.

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