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(영문) 대구지방법원 김천지원 2015.02.05 2014고단1419
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
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

On November 8, 2014, between 11:10 and 11:25, the Defendant: (a) under the influence of alcohol at the Ccar Center located in Kimcheon-si (hereinafter “Ccar Center”); (b) laid off one copy of office glass of an amount equivalent to 90,000 won in the victim D’s market price; and (c) laid down one copy of warehouse glass; and (d) returned to the surrounding upper point; (b) one copy of the F restaurant at an amount equivalent to 150,000 won in the victim’s market price; (c) one copy of the H 1,20,000 won in the victim’s G market price; (d) one one of the H 1,20,000 won in the victim’s I market price; (e) one of the J K 1,20,000 won in the victim’s free market price; (e) three of the victim’s free market price equivalent to 1,300,000 won in the victim’s free market price.

As above, the Defendant carried dangerous articles and damaged the victims’ property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of M;

1. Each statement of D, E, G, I,O, Q;

1. Application of Acts and subordinate statutes to report internal investigation (including failure to prepare a statement of damage from a laundry site and attaching field photographs, etc.), investigation reports (a written agreement and a quotation);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of the punishment stipulated for the crime against victims E with the largest penalty);

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act (Article 55(1) is inferior in light of criminal records, motive, method of crime, etc.; however, if the alcoholic beverage is found to be a crime under the state of full exploitation and thereafter all the victims are found to have been dead and compensated, and considering such factors

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

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