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(영문) 서울중앙지방법원 2014.09.25 2014고단5560
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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. Around July 22 and 50, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective, deadly weapons, etc. damage) caused by destruction of the entrance owned by the victim so that the entrance of the victim would be worth KRW 3.50,000 for repair cost by putting the door off, which is a dangerous object at the entrance of the Defendant, on the grounds that he/she had been able to drive the Defendant’s work in the “Esing shop” passage of the victim D’s “Esing shop located in Jongno-gu Seoul Metropolitan Government” route of the victim D operation.

Accordingly, the defendant carried dangerous goods and damaged the property.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) was committed by the Defendant, at the above time, and at the above place, a fire extinguisher, which is an employee of the victim F (25 years of age), who is an employee of the above main point, took a dangerous object, and the victim was faced with the left shoulder part of the victim's left shoulder, thereby taking up approximately two weeks of medical treatment for the victim.

In this respect, the defendant carried a dangerous object, and inflicted an injury on him.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Investigation report (including an injury diagnosis report and a photograph attached thereto, and an injury diagnosis report attached thereto);

1. Photographs of the scene of crime;

1. Application of CD-related Acts and subordinate statutes at the scene of crime;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. It is so decided as per Disposition for the reasons above Article 62(1) of the Criminal Act (including the circumstances mentioned above);

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