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(영문) 청주지방법원 제천지원 2013.04.25 2013고단133
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

At around 20:30 on November 9, 2012, the Defendant: (a) at the house of the Victim E (F), the mother of his woman, and the Victim F (F, 72 years old), the Defendant, who was under control by driving without a license, was considered to have been under control by the victim E’s report; (b) the Defendant saw that the Defendant was under control by driving without a license; and (c) took a dangerous object, and entered the victims’ home gate into the front door of the front door by generating the victims’ home gate into the front door of the front door, and thereby, the Defendant F of the Victim F, “I must die from the age of older,” and she f.h., f., she d.d. the victim F of the Victim F, “I must die from the age of older,” and f.h., she f., d

Accordingly, the defendant carried dangerous articles, thereby damaging the victims' property, invaded upon their residence, and threatened the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F and E by the police;

1. Application of Acts and subordinate statutes to a photograph description and written estimate;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 3 (1) of the Criminal Act, 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 Article 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (a crime of intimidation to carry dangerous articles);

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

1. Article 62 (1) of the Criminal Act;

1. Probation, community service, or criminal law Article 62-2;

1. The sentencing of Article 32(1)3 and (2) of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation Order (the scope of liability for compensation is unclear and thus it is not reasonable to issue a compensation order) is that the defendant does not have the same kind of violence except that sentenced to a fine of one million won as a crime of causing property damage around 2007, and that the defendant has only 12 million won for the victim.

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