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(영문) 서울중앙지방법원 2014.06.10 2014고단1624
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six 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

1. On January 19, 2013, at the front parking lot in Dongjak-gu Seoul Metropolitan Government, the injured Defendant: (a) took a bath to the victim on the ground that the victim D (here, 45 years old) did not cut off the victim’s car at the front parking lot; (b) took a bath to the victim on the ground that the victim D (here, 45 years old) was parked; and (c) took the victim’s breath by hand, dump dump, dump, tension, etc. in need of approximately two weeks of treatment.

2. Violation of the Punishment of Violence, etc. Act (a collective action, destruction of dangerous weapons, etc.) caused damage to KRW 3,063,815 of the cost of repair by driving an automobile of the Defendant, which is a dangerous object parked at the same time and at the same place as the above Paragraph 1, and driving the automobile of the Defendant, which is a dangerous object parked at the same place, with a height of 5 meters thereafter, and then driving the automobile of the Defendant, which was parked at the front section of the vehicle of the said victim, and driving the automobile of the said victim at the FA-Wn-tur-tur-tur-kicked vehicle owned by the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made to D by the police;

1. On-site photographs, copies of violence, and written estimates of damaged vehicles;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes, Articles 366 and 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, on the ground that his/her car does not be deducted, inflicted an injury on the victim and inflicted an injury on the victim by shocking the victim's vehicle, which is a dangerous object, and the victim did not agree with the victim, but the defendant's mistake is divided into the first offender without any injury, and the defendant's age, character and behavior, family environment, circumstances, means, means, and result of the crime.

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