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(영문) 대구지방법원 김천지원 2013.11.13 2013고단717
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 20, 2013, the injured Defendant: (a) around 22:00, around 22:0, on the ground that the victim D(64 years of age) who is her husband, was frighted to the victim’s left face one time by drinking, on the ground that the victim D(64 years of age) who was her husband was frighted as an external problem of the Defendant and sound in his hand.

In this respect, the defendant suffered an injury to the victim, which requires approximately six weeks of treatment.

2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc. and damage thereto);

A. On February 10, 2013, the Defendant: (a) around 08:30 on February 10, 2013, around 2013, at the victim’s residence located in the Cheongdo-gun-gun-gun-do, the Defendant collected materials, which are dangerous objects, and laid down Frando-type bricks ( concretes) on the ground that the Defendant collected the back glass of the victim’s own car and the bitle road, which is the victim’s possession, and cut down the said rear glass, and cut down the said bitle.

Accordingly, the defendant carried a dangerous object, a mentor wall, and damaged the victim's property in an amount of KRW 511,573.

B. On February 11, 2013, the Defendant committed the crime on February 11, 2013, at around 09:00, 09: (a) around the place indicated in paragraph 2(a) for the foregoing reason; (b) collected the mentor brick of dangerous objects; and (c) laid down 13 favorable windows to the glass of the victim’s building.

Accordingly, the defendant carried dangerous objects and destroyed the victim's property in 400,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Statement made to D by the police;

1. A complaint filed in D;

1. The application of Acts and subordinate statutes to each investigation report (a certificate of diagnosis and treatment records, a written estimate of general repair expenses, and submission of attached documents, confirmation of a glass receipt, and attachment thereof);

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 2(1)1 of the Criminal Act, Article 2(1)1 of the same Act concerning criminal facts, and the punishment for each

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