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(영문) 대구지방법원 안동지원 2014.10.10 2014고단508
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 3, 2014, the Defendant: (a) around 02:30 on June 3, 2014, while drinking alcohol in a D restaurant operated by the Victim C located in Ansan-si, and caused the damage to the victim and the injured party by misunderstanding that the injured party and the injured party have left the Defendant, thereby damaging the brick (a 20cm x 10cm x 10cm), which is a dangerous object in the Defendant’s house, on his hand, putting the gate (a 20cm x 10cm m

2. Around 04:00 on June 3, 2014, the Defendant: (a) was investigated in the global zone by breaking the glass window of a restaurant in a single house in which the victim C resides in Ansan-si E; and (b) was damaged by breaking the atmosphere of the hacks, which is a dangerous object, and destroying three of the glass windows owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to each report on internal investigation (No. 2 and 4) (Evidence List No. 5);

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 201Do

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

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