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(영문) 대구지방법원 2013.07.12 2013고단3280
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. On May 16, 2012, at around 10:10, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc. destruction and damage, etc.) with B and C, and around 10:10 on May 16, 2012, the 8th floor building “E” on the ground of the 8th floor located in Daegu-gu, Daegu-gu, and the stairs, and the entrance door, which was set up to the 4th floor, carried out as an office inside the building from the stairs, was set locked, B and C, and the Defendant got off the entrance, hand, hand, and entrance, which is a dangerous object,

Accordingly, the defendant carried dangerous articles in collaboration with B and C, and destroyed the above entrance so that approximately KRW 300,000 of the repair cost can be damaged.

2. The Defendant in violation of the Punishment of Violences, etc. Act (joint residence intrusion) destroyed the entrance at the above temporary location, and then, the Defendant, who is the lien holder, entered the said four floors with B and C possessed and managed by the comprehensive construction company for the victim, and intruded into the structure under the management of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of the prosecution against C, B, and F;

1. Each police statement of G and H;

1. An investigation report (attaching photographs and accompanying videos);

1. Application of statutes to a copy of the Daegu District Court ruling;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Destruction and damage of property carrying a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act;

(b) Joint residential intrusion: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, and Article 319 (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 (see, e.g., confession of a crime, reflectiveness, and acceptance of an damaged door);

1. It shall be decided as per the disposition of the suspended execution on the grounds of not less than Article 62 (1) of the Criminal Act (the grounds for discretionary mitigation);

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