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(영문) 부산지방법원 2019.09.18 2019고단2266

폭행등

Text

A defendant shall be punished by imprisonment for four months.

However, 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. Around 20:30 on May 20, 2019, the Defendant, while drunk in front of Busan Dong-gu B, Busan and without any reason, took a bath to “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY ACTYYYYYYYYYYYYYYYYYY

2. The Defendant damaged the property by leaving the victim C-owner of plastic significances at the floor and destroying the victim’s property at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes governing the damaged photograph of a Speaker;

1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment for a crime

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (determination of types of assault) and violent crime [Class 1] general assault [Special B] mitigation elements: Cases where the degree of assault is minor (type 1, 6, and 7] mitigation elements (type 1, 6, and 7): Imprisonment with labor for one month to eight months;

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage [No. 1] Damage of Property, etc. (Special Punishment): Damage of Property: Where actual damage is minor (the scope of recommending area and recommending punishment) mitigation area, imprisonment with labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: One month to one month (the maximum of crimes No. 2).

2. Determination of sentence: In 2019, the Defendant was punished by a fine twice for violent crimes, and committed the instant crime without any particular reason under the influence of alcohol.

In consideration of this point, the sentence will be imposed, and the execution of the sentence will be suspended in consideration of the minor damage.

The age, character and conduct of the defendant;