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(영문) 창원지방법원 거창지원 2013.06.05 2013고단142
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2013, at around 21:50, the Defendant: (a) destroyed a alinium distribution (76cm in length) with alinium (76cm) which is a dangerous object that had been kept in the ridge between the Defendant’s car car and the Defendant’s car string at the main point of “D” operated by the Victim C in Gyeongnam-gun, Chungcheongnam-gun, by drinking together with the Defendant’s mother while working together and drinking together; and (b) destroyed the alinium distribution (76cm in length) with 4.10,00 won in the market price, which is the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes on photographs and estimates;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant reflects his/her mistake and that the victim has recovered from damage inflicted and thus the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act of the community service order (the community service order shall be added within the meaning of preventing the recidivism of defendants and giving them an opportunity of real reflection, considering the fact that the defendant has a strong violent tendency, such as criminal convictions similar to him

1. Article 48 (1) of the Criminal Act of confiscation;

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