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(영문) 창원지방법원 밀양지원 2014.02.13 2013고단614
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. On November 15, 2013, at around 21:55, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) collected stones, which are dangerous things in the surrounding area, from around Cussa in the Gyeong-gun B, not around 1:55, while under the influence of alcohol, and collected stones, which were dangerous things in the surrounding area, without any justifiable reason, and laid down on the E body top of the victim D, and destroyed the back door of the 1.170,000 won for repair.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. The Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.) caused damage to a passenger car owned by the victim D (the age of 58) at the time and place specified in the above paragraph (1) above, and thereby, attempted to see the victim by gathering a defect in the port and a stone, which is a dangerous object on the floor, and was skeing the victim’s head, ske the victim’s head, ske the victim’s head, ske the victim’s head, ske the victim’s head, and ske the victim’s head by hand.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. Application of Acts and subordinate statutes concerning the maintenance of vehicles, such as field photographs, photographs of victim upper parts, etc.;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act against a crime;

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

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

1. Article 62 (1) of the Criminal Act;

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