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(영문) 춘천지방법원 원주지원 2014.06.17 2014고단219
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

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

except 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 March 23, 2014, at around 23:00, the Defendant sought to resist the victim E-mail who handles the D church he attends as the front line of the C church located in B, the Defendant: (a) confirmed that the said church cannot enter the said church; and (b) caused damage to the victim’s market price by using a wooden net (65 cm in total length) which is a dangerous object located in the surrounding area; and (c) went into the entrance to the third floor where the victim’s office is located.

Accordingly, the defendant, using dangerous things, damaged the victim's property and infringed on the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The scene of damage and photographs of criminal tools;

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 319 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc.; Article 366 of the Criminal Act concerning the crime;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration, reflectiveness, effort to recover from damage, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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