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(영문) 인천지방법원 2015.07.24 2015고단3475
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 1, 2015, at around 23:20, the Defendant: (a) moved to the front side of the Incheon Gyeyang-gu Incheon apartment, on the ground that pedagogs, among the roads disputing with women-friendly districts, they cut down and cut down; (b) the Defendant, who was parked in the front side of the victim C’s D Mtz car that was parked in the front side of the Plaintiff’s vehicle string off the front glass of the victim’s D Mtz car, which was parked in the front side of the Plaintiff’s vehicle string; and (c) caused the victim’s vehicle string by cutting down the driver’s seat string of the FM car owned by the victim E, which was parked next to the said string.

Accordingly, the defendant, carrying dangerous articles, destroyed the car owned by the victim C to be equivalent to KRW 232,00,000 for repair cost, and damaged the car above the victim E to be equivalent to KRW 623,928 for repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Records of seizure and the list of seizure;

1. Photographs of damaged vehicles;

1. Application of each written estimate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act recognizes the crime of this case and reflects the fact that the defendant was smoothly agreed upon with the victims, under favorable circumstances, the defendant damaged the victim's vehicle due to the camping net, which is a dangerous object against women's child-care, and the fact that the crime is not good, shall be considered in unfavorable circumstances, and the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.

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