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(영문) 수원지방법원 평택지원 2015.08.27 2015고단883
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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. Around 21:00 on May 1, 2015, the Defendant driven a DNA car while under the influence of alcohol content of about 0.113% from the 6km section to the day before the house of Pyeongtaek-si located in Pyeongtaek-si located in Pyeongtaek-si and Seo-si.

2. On May 1, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) (abrupt damage and damage, etc.) brought a usual complaint against the Defendant by the victim C on the ground that he/she was not repaid his/her husband’s debt to the Defendant, who died of the victim, and found the Defendant at the seat of the victim in Pyeongtaek-si B while driving a car under the influence of alcohol as described in paragraph (1) around 21:00.

The Defendant demanded repayment of debt to the victim outside the victim’s house, and opened a door, but the victim called “the same dead person” and called “the same dead person,” was set up in the said earth and car. After driving the said car, which is a dangerous object, the Defendant was faced with the victim’s house, and received the house from the victim by driving the said car.

결국 피고인은 이로 인하여 피해자의 집 앞 마당에 있던 시가 합계 2,000,000원 상당의 간장, 고추장, 된장, 소금이 담겨 있는 시가 합계 950,000원 상당의 옹기 항아리 4개를 깨뜨리고, 피해자의 집 외벽, 창문을 부숴 수리비가 3,345,000원이 들도록 하고, 피해자의 집 안에 있던 시가 230만 원 상당의 에어컨을 부서지게 하였다.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the circumstances of an employee;

1. Application of statutes on site photographs;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning a crime, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act.

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