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(영문) 전주지방법원 2013.04.04 2012고단3309
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 February 15, 2013, the Defendant was sentenced to a suspended sentence of two years on October 10 to imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Jeonju District Court's Military Accounting Support, and the said judgment became final and conclusive on February 23, 201

On November 29, 2012, the Defendant: (a) 08:50 on November 29, 2012, 08: (b) laid down a spit of the front glass part of the E-to-beed vehicle, the ownership of the victim D, without any reason, at the entrance of the Yansan-gu C apartment at the front of the front city, and destroyed the said vehicle to the extent that the repair cost, such as 1,313,40 won, is equal to 1,313,40 won, by cutting down the back glass part of the said vehicle, which is a dangerous object at the lower end.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written estimate for automobile inspection and maintenance;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Consideration under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a favorable circumstance, such as the fact that the defendant led to the crime and reflects on the crime, that the victim and the victim have agreed smoothly, and that the equity should be considered with the case where the judgment is to be rendered simultaneously with the crime finalized in the judgment);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62 (1) of the Criminal Act (recognisive consideration);

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