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(영문) 대전지방법원 2013.07.11 2011고단324 (1)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around January 16, 201, the Defendant collected gas bags, which are dangerous objects on the front of the Daejeon Dong-gu Daejeon-dong, Daejeon-gu, without any particular reason, and obstructed the E-motor vehicle of the victim who was entering the said road by blocking the E-motor vehicle of the victim, and then caused the damage to the said D owner of the said cargo by spreading the front glass of the said D owner as above, in a state that the Defendant lacks the ability to discern things or make decisions, and caused damage to the property, carrying the dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the 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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decision 62 (1)

1. Probation under Article 62-2 of the Criminal Act;

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