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(영문) 의정부지방법원 2013.04.25 2013고단517
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

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

Around 16:50 on February 14, 2013, the Defendant, while drunkly drinking, changed the hospitalization to D, the chief of the headquarters of the above hospital, with D. However, on the ground that D’s refusal, he sawd a saw (the total length of 32 cm and 193m in length on the one hand) and a gate purchased from the sales store adjacent to the above hospital, and re-entered the original ice cryp in the front of the guide room.

Accordingly, the defendant damaged a acrylic board equivalent to 105,380 won at the market price owned by the above hospital owned by D, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of field photographs (dics of damage and net photographs) 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the victim does not want the punishment of the defendant because he/she has agreed with the victim, and that the defendant is against his/her gender);

1. Article 62 (1) of the Criminal Act (The repeated consideration of the circumstances specified in the preceding sentence);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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