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(영문) 인천지방법원 2013.10.02 2013고단4560
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

1. Around July 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed assault against the victim E (the aged 54) who is an employee under the influence of alcohol at the distribution outlet of Hyundai Motor Vehicle D located in Nam-gu Incheon Metropolitan City (the age of 54) on the issue of the vehicle that had already been purchased at the sales outlet of Hyundai Motor Vehicle D, which was located in Nam-gu, Incheon. B, while protesting against the issue of the vehicle that had already been purchased, the Defendant committed assaulted by the victim, such as the part of the victim’s display board of advertisement (the length of 1.9m in total) of the substance of Aluminium, which is a dangerous object installed at the entrance of the facility

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. causing damage and damage, etc.) caused damage to KRW 291,000,000, in total, by putting up the information advertising display stand, which is dangerous objects, at the time and place specified in paragraph (1), and destroying the monitor of one in Nowon-North Korean Co., Ltd., a modern motor vehicle owner, who was on his/her book, and taking up digital name tag and a motor vehicle specifications, which is the victim’s possession, by hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. Damage photographs, etc.;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 (1) of the Criminal Act (the occupation of causing damage to a dangerous article carrying property);

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 (see the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., the reason for sentencing) lies in the confession of the instant crime, and the occurrence of any contingent crime by drunkly driving (not in the state of mental disability). There is also a circumstance in which some of the victims have caused the instant crimes.

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