logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2013.11.06 2013고단247
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
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

1. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc. and damage, etc. to property);

A. On March 5, 2013, around 05:10 on March 5, 2013, the Defendant: (a) discovered a GHS car owned by the victim (oil)F, which was accompanied by E, who was dissatisfied with the usual complaint in the area D located in Jindo-gun C; and (b) destroyed the said car by putting the front and rear glass of the said car on the surface of the wall and the powder, which is a dangerous object on the street, and by affixing the front and rear glass, etc. of the said car.

B. On April 22, 2013, at around 03:15, the Defendant: (a) discovered a GNN car owned by the victim (oil) who was accompanied by E, prior to the IG member of the GG located in Jindo-gun, Jindo-gun, Jindo-gun, and destroyed the said car by putting the front door, etc. of the said car on a wall, a signboard, which is a dangerous object on the street, and putting the front door, etc. of the said car at the front door of the said car.

2. On March 5, 2013, at around 05:15, the Defendant: (a) destroyed a vehicle by emitting a signboard owned by a victim L, which is difficult to know the market price that was set up in J of Jindo-gun, Jindo-gun; and (b) continuously damaged the victim’s air conditioners and glass owned by the victim L, the market price of which is unknown in the said K.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of L or M;

1. Each police statement made to N and E;

1. A written estimate of the cost of insurance repair and a written estimate to be prepared;

1. Application of on-site photographs and statutes governing damaged vehicles;

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

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., Articles 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Jan. 1, 201).

arrow