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(영문) 수원지방법원 성남지원 2015.09.22 2015고단1462
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On June 27, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) reported on the street in front of the Sinnam-si, Sungnam-si, that the victim D driven a stop, and that the said vehicle is parked with a vehicle illegally parked in front of his/her usual domicile, and thus, the victim’s repair cost was damaged by 3,802,832 won by putting the dangerous items, hacks, hacks, and hacks, which are dangerous objects, hacks, and insertings.

Accordingly, the defendant carried dangerous objects and damaged the victim's objects.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) caused damage to a vehicle at the time and place specified in paragraph (1) of the above Article, as seen above, when the victim D (the age of 35) was prevented from destroying the vehicle, and when the victim’s arms and arms defended by the dangerous items, were removed from the victim’s D (the age of 35) once, and the victim’s parts, such as the victim’s etc. were made one time by inserting

As a result, the Defendant carried dangerous things with the victim, and inflicted an injury on the right hand, such as knife salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (the occupation of an injury by carrying a deadly weapon);

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of the recommendation shall be the first crime (aggravating a violence) (aggravating a habitual injury, repeated injury, special injury;

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