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(영문) 광주지방법원 해남지원 2014.01.15 2013고단318
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On July 31, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) reported to the home to verify whether or not a woman under his/her name was in his/her house with prior knowledge of prior to around 22:00, and reported to have a joint office with the victim C, and discovered that, around 22:10 on the same day, he/she parked in a public parking lot located in Jindo-gun, Jindo-gun, Jindo-gun, Jindo-gun, for the same day, at around 22:10, the said vehicle was damaged so that the said vehicle was parked in front of the said vehicle and the repair cost was 804,426 won.

2. Around 22:40 on August 6, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) caused a dispute with “G” located in Jindo-gun F, Jindo-gun, with the victim C (36 years of age) to drinking alcohol with the victim C, 3 times the face of the victim as drinking, and 3 times the victim’s face was taken one time by taking one time the victim’s face on the table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Medical opinion, medical certificate, and medical certificate;

1. Written estimate or photograph of the damaged vehicle;

1. Application of Acts and subordinate statutes on the surface, part, and site photograph of a victim;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (a person who inflicts bodily injury on a dangerous object), Article 257 (1) of the Criminal Act;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Jan. 1, 201; Decision 201Da1116

1. The records of this case are recorded in addition to the reasons for discretionary mitigation under Article 62(1) of the Criminal Act.

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