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(영문) 수원지방법원 2014.04.23 2013고단7334
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On July 3, 2013, around 13:15, the Defendant: (a) caused damage to dangerous articles carrying property; (b) on the ground that the victim C (the aged 51, South) obstructed directors by blocking the entrance of the above article as a truck, thereby leaving the door door part of the driver’s seat and glass of D Truck owned by the victim.

In this way, the defendant carried dangerous articles and damaged the victim's property.

2. In the above time and place, the injured Defendant brought an injury on the victim’s body part at several times, i.e., the victim’s face part via drinking, and caused the victim’s body part at several times and the victim to suffer about about 57 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C and E;

1. Each photograph (Nos 2, 10 in list of evidence);

1. A written diagnosis of injury;

1. Application of police investigation reports-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and the point of causing damage to property carrying dangerous objects: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act: Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That within the scope of adding up the maximum term of imprisonment as provided for in each judgment), among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, including the fact that the defendant's mistake in sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized, the fact that the defendant made efforts to recover damage, such as deposit for the victim, and the criminal records of the defendant;

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