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(영문) 창원지방법원 진주지원 2015.10.28 2015고단767
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for four 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

The defendant is a de facto marital relationship from 2010 to 2010.

1. On June 28, 2015, the Defendant: (a) around 20:10, the victim-owned house in Jinju-si, Jinju-si; (b) the victim-owned house in civil litigation issues; and (c) the victim and the victim were in dispute with the victim; (d) the Defendant operated a DNA excavation searcher, which is a dangerous object, and moved to the above house; and (e) destroyed the window of the above house in which the market price of the victim-owned house was approximately KRW 500,000,00,000.

2. A person who intends to operate construction machinery violating the Construction Machinery Management Act shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu

Nevertheless, the Defendant, at around 20:10 on June 28, 2015, operated the D 10 meters section from the factory in Jin-si, Jin-si, Jin-si to the housing.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Whether construction machinery licenses have been granted or not, and construction machinery register;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 369 (1) and 366 of the Criminal Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, the main sentence of Article 26 (1) of the Construction Machinery Management Act, and the selection of fines, respectively;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Not less than four months of imprisonment with prison labor for not less than four months but not more than ten months (the scope of modified recommendation) of a person who is not subject to special damage (a person subject to special mitigation) and damage (a person subject to special mitigation) that is recommended on the sentencing criteria; and

2. In light of the means, risk, etc. of the instant crime, the Defendant’s criminal liability is not exceptionally imposed, but the Defendant reflects his/her criminal act, and the victim does not want the Defendant’s punishment when reaching an agreement with the victim, and there is no criminal history or penalty force of the same kind.

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