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(영문) 광주지방법원 2015.12.29 2015고단2710
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 3, 2014, the Defendant was sentenced to a suspended sentence of one year and a fine of 500,000 won by imprisonment with prison labor for the crime of fraud and bodily injury at the Gwangju District Court, and the judgment became final and conclusive on September 12, 2014.

【Criminal Facts】

1. Damage to property;

A. On July 5, 2015, at around 02:17, the Defendant destroyed the said car by putting ice on the front and rear glass windows of the FWz S500 car owned by the victim E (the age of 49) who was parked in the 105 parking lot in Seo-gu, Seo-gu, Seo-gu, Gwangju, Gwangju, with a view to spreading ices at the front and rear glass bars, the ridges, and pans, etc. of the said car, thereby impairing the repair cost of KRW 33,829,380.

B. At around 03:00 on July 8, 2015, the Defendant destroyed the said car to ensure that the repair cost is KRW 5,004,890, by setting up a door (10cc in length) at Gsch RexrothS 460 car owned by the victim C (hereinafter referred to as 41 years old), which was parked at the place specified in the said paragraph (a) and destroying the glass window for the car, and putting the car at hand.

2. Around July 16, 2015, at around 03:08, the Defendant: (a) took two kitchenss, a dangerous weapon, which was prepared in advance, in front of the victim E’s house in the Seo-gu, Seo-gu, Gwangju, Seo-gu, 101, in both hands, (30 cm in color, about 30 cm in color, about 32 cm in color, and about 32 cm in length in color), and divided the victim’s house, but the victim did not check the Defendant’s house with the kitchen knife in both hands and open the door, thereby threatening the victim’s entrance and door, without opening the door.

Accordingly, the suspect threatened the victim E by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the prosecutor and the police accused;

1. Statement of E by the police;

1. E and C statements;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. On-site photographs and estimates;

1. Before ruling: The application of criminal records and other Acts and subordinate statutes;

1. Criminal facts;

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