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(영문) 춘천지방법원 속초지원 2013.12.06 2013고단440
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

On September 19, 2013, around 10:59, the Defendant laid down cement bricks, which are dangerous objects in front of the “D” parked by the victim E on the front of the “D,” which is located in Seocho-si, Sinsi, and caused the said car to be obstructed by the passage of electric wheelchairs.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning the case

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant recognized the crime and reflects the crime, the somewhat extenuating circumstances exist in the motive of the crime in this case, the victim and the defendant agreed smoothly, and the fact that the defendant has no criminal record of probation or heavier punishment);

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

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