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(영문) 수원지방법원 2013.10.02 2013고단2674
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. On March 22, 2013, the injured Defendant stated that the victim E (38 years of age) was trying to park a F car in front of the D office operated by the Defendant in Suwon-si, Suwon-si, Suwon-si, on the ground that the victim E (38 years of age) was trying to park a F car, and, under the influence of alcohol, the Defendant took a bath to “as soon as possible cut off the vehicle,” and put the victim into the mouth of the wall and the inner wall that requires approximately three weeks of treatment on the face of the victim by drinking.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective weapon, etc. causing destruction and damage, etc. of deadly weapons) and at the same time and place as set forth in paragraph (1) 1, reported the victim E to avoid the Defendant and enter the office, and expressed his desire to “a 38 mm in length,” and “a ring-out, a shot-out, a shot-in shall do so,” and thereby, damaged the repair cost amounting to KRW 1,063,00,000 as a repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to seizure records, damaged vehicles, photographs, diagnostic documents, and written estimates;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, including the following: (a) the victim inflicted assault on the victim for the reason of sentencing; (b) the poor quality of the crime such as destroying the glass window of the vehicle while the victim is in the vehicle in the vehicle; (c) the victim did not recover from damage; and (d) the victim did not have any trace of endeavoring to recover damage; and (c) the victim wanted to do so; and (d) the victim appears to have committed contingent crimes in a state of unfavorable circumstances and

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