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(영문) 대구지방법원 2014.10.23 2014고단2570
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

1. On April 20, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) laid a brick, which was parked in the front of the Daegu Northern-gu, Daegu Northern-gu, by the victim D, and destroyed the said vehicle owned by the victim by KRW 1,932,137, a cost of repairing the said vehicle without any justifiable reason.

2. The Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) committed an assault against the victim by getting out of the victim’s right part of the dangerous articles (a.e., 91cc., 91cc., 7cc., e., e., a dangerous articles (a.g., 91cc., e., e., g., 7cc.), at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written estimate for damage to the damaged vehicle;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (in addition to field photographs);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act (the occupation of an act of assaulting carrying dangerous objects); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of destroying and damaging dangerous objects) concerning a crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] When the mitigation area (4-1-2 months), mitigation area (4-1-2 months) (including special mitigation), the exemption area (including serious efforts to recover damage), or considerable damage is concurrent crimes between crimes for which the sentencing guidelines are not set, the lower limit is based on the lower limit of the crime for which the sentencing guidelines are set (decision of sentence], and the defendant is divided and reflected by mistake.

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