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(영문) 수원지방법원 여주지원 2013.08.13 2013고단543
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 8, 2013, at around 01:05, the Defendant destroyed the said car to cover KRW 930,940,00 of the repair cost by discovering the E-labeler vehicle owned by the victim D, which was parked in front of the sports “C” restaurant, and destroying the brick, which was a dangerous object in the vicinity, without any justifiable reason, by cutting off the wall, which was put in front of the vehicle, in front of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of statutes on site photographs and estimates for damage;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the defendant has no criminal record of a stay of execution or any heavier punishment, and that he/she has agreed with the victim entirely);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. It is decided as per the Disposition for the reason of Article 62-2 or more of the Criminal Act;

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