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(영문) 수원지방법원 2015.06.04 2015고단934
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On January 23, 2015, around 01:15, the Defendant: (a) 01:15 on the alley near the hospital located in Suwon-si Line; (b) the victim C driven from QM5 vehicle that was driven by a driver who driven by the driver of QM vehicle; and (c) the victim’s vehicle in QM5 vehicle driven by the driver of QM5 vehicle; and (d) the victim’s vehicle in the vicinity of the dangerous article (A4 site size), collected the brick (a dangerous article) on three occasions in the victim’s vehicle, driven the vehicle in QM5 vehicle near the back left left of the back of the victim’s vehicle in Suwon-si; (c) then, the Defendant driven the vehicle in the area near the area of the passenger’s right road in Suwon-si; and (d) caused the victim’s vehicle again driving the vehicle in the vicinity of QM5 vehicle; and (d) caused the loss of the window by a vehicle in the vicinity of the victim on one occasion.

Accordingly, the defendant damaged the victim's market price by using bricks, which are dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on affected vehicles and photographs of victims;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Taking into account the following factors: Article 62-2(1) of the Criminal Act; the main sentence of Article 59(1) of the Act on Probation, etc. reflects the defendant's reason for sentencing; and the agreement with the victim:

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