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(영문) 대구지방법원 2013.10.18 2013고단5033
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

At around 22:40 on August 5, 2013, the Defendant died at one time on the part of the head (40cm in length, 10cm in length), which is a dangerous object in the Defendant’s house, on the ground that the victim kid around the victim C’s house in Daegu Dong-gu B lending 4.501 (the victim kid in front of the victim C’s house) continuously obstructed the Defendant’s house.

Accordingly, the defendant carried dangerous things and destroyed the victim's property at the same time, and died of the animal by cruel methods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article applicable to criminal facts;

(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) The occupation of the dead animal: Articles 46 (1) and 8 (1) 1 of the Animal Protection Act;

1. Selection of each sentence of imprisonment;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., confession of a crime, reflectment, and considering circumstances that may be considered in the course of committing the instant crime, neglect of management for the victim, deposit a considerable amount for the victim, and the primary charge);

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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