logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2014.08.27 2014고단354
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

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

Reasons

Punishment of the crime

1. The Defendant, at around 02:00 on February 17, 2014, destroyed the repair cost of KRW 730,000 on the ground that, in front of E operated by the victim C in Jinju-si, the Defendant was under the influence of alcohol, and caused damage to the Defendant by cutting a concrete brick, which is a dangerous thing in the front glass of the said office (Garo 170cm, vertical 220cm) on the ground that it is bad.

2. On February 17, 2014, around 03:43, the Defendant: (a) discovered an I Belgium car, which was parked in the way front of the H frequency in Jinju City, G, and caused damage to the Defendant’s 702,00,07 repair cost, such as damage to the front-hand part of the said car, by locating a brick, which is a dangerous object on the ground that it is bad in drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Written estimate;

1. Application of statutes on photographs of damage;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 3 (1) and 2 (1) 1 of the same Act, and Article 366 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. In light of the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant was punished 11 times for violent crimes (the nine times of fine and the suspension of the execution of imprisonment twice); (b) the Defendant, who gets off another’s motor vehicle by reporting block, etc. identical to the instant crime and damaged another’s motor vehicle is subject to criminal punishment four times; and (c) the damage has not been completely recovered, it is inevitable to strictly punish the Defendant.

However, in consideration of all the circumstances, such as the fact that the defendant has committed a crime and is divided, the character, conduct and environment of the defendant, the circumstances and results of the crime in this case, and the circumstances that form the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, the punishment as ordered shall be determined.

arrow