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(영문) 의정부지방법원 2013.05.09 2012고단2995
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around 09:00 on October 14, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) cited a pipe with a length of about 3 meters at the construction site under the influence of alcohol on the ground that the wage payment was delayed at the electric source housing site located in Gyeonggi-gun, Gyeonggi-gun, for the damage of property equivalent to KRW 5.35 million at the market price by attaching the 1, 2, and 1, 2, and 1,350,000,000 to the above electric source housing owned by the victim D.

2. The Defendant injured the victim’s bodily injury refers to the victim E (the 43 years of age, women) who told the Defendant at a time and time, such as Paragraph 1, and the victim was clicked with approximately 14 days of medical treatment, and the victim was clicked to the victim, and the victim was clicked with approximately 14 days of medical treatment.

Summary of Evidence

1. The statement made by the defendant on the fifth trial date; and

1. Each police statement made to D and E;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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 262, 260 (1), and 257 (1) of the Criminal Act (the point of causing violence and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That the maximum of the long-term punishments of two crimes shall be aggregated);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15448, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act (wholly considering favorable circumstances in the first sentence);

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