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(영문) 수원지방법원 안산지원 2014.03.11 2013고단2750
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

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

On April 28, 2013, the Defendant: (a) around 14:00 to 17:50 on the road before Sinung City, which was parked by the victim D, and (b) caused the damage to the extent of repair cost of KRW 1,585,019 on the road before Sinung City.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. Application of the written estimate for damaged vehicles;

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. The contents of the crime are inferior to the nature of the crime, such as destroying the glass window of the vehicle, which is an object dangerous to the reason for sentencing under Article 62(1) of the Criminal Act, and there are many penalties, such as assault and obstruction of business, etc.: Provided, That the punishment shall be determined as per the disposition, in consideration of all the circumstances, such as the fact that no person is aboard the vehicle, and the personal accident does not reach the personal accident, the defendant is led to the confession of all the facts of the crime, and the health of the defendant

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