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(영문) 부산지방법원 2012.12.27 2012고단6576
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, 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 June 15, 2012, the Defendant was sentenced to a suspended sentence of one year and six months at the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive on November 20, 2012.

On July 21, 2012, the Defendant: (a) 02:15, on the street in front of the “debrison site” located in the northwest-gu 3 Dongpo-dong 1226, Busan, the Defendant was aware that one person, while working in the workplace, is getting on or off the same as “C” while driving a day and drinking; (b) the victim Flag, Inc., Ltd., which was parked at that place, was owned by D, a company run by D, an employee of the company of the victim Flag, Dapo-ri, the Defendant: (c) flaf, such as flafing off the flaf; (d) flafing off the road; (e) flafing off the road; and (e) flafing off the flaf by driving 15 cm, 15 cm; and (e) flafing off the flaf, etc., 140 cm.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and D;

1. Written estimate;

1. A criminal investigation report (general);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and reporting (Attachment to a copy of the judgment) on the result of confirmation of the previous conviction;

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;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the favorable circumstances required for sentencing following the reasons for sentencing):

4. Article 62 (1) of the Criminal Act ( repeatedly taking into account favorable circumstances required for sentencing the following reasons).

5. Grounds for sentencing under Article 62-2 of the Criminal Act;

1. The conditions favorable to the defendant shall be as follows:

The crime of this case seems to have been committed contingently.

The victim has not been punished for the defendant by mutual consent with the victim.

The crime of this case is a case where the crime of this case can be judged together with the crime of initial head of the crime.

2. The defendant.

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