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(영문) 광주지방법원 순천지원 2014.04.09 2014고단163
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On December 13, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) destroyed the damage by cutting the door door door windows, display glass windows, smartphones, and smartphones in an aggregate amounting to KRW 79,900, the market price of the victim, which are dangerous objects, on the ground that the victim C was not paid with the said glass work, around 12:30 on the ground that the victim C was able to do so at around December 13, 2013.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective assault, deadly weapon, etc.) committed assault by the victim at the same time and at the same place as the above paragraph (1) by using a cellular phone to take the image of destroying the glass window, etc. of the victim, which is a dangerous object, on the ground that the victim destroyed the glass window, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (related to attaching photographs ofCCTV image data);

1. Damage photographs;

1. Application of the written estimate 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, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a crime of assault against carrying dangerous articles);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55 and 55 (1) 3 of the Criminal Act);

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

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