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(영문) 대전지방법원 천안지원 2019.06.12 2019고단954

특수폭행등

Text

A defendant shall be punished by imprisonment for one year.

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. At around 02:10 on April 7, 2019, the Defendant: (a) committed an assault with the victim C (the 39 years old) and the victim D (the 39 years old) who are one’s wife at the hotel parking lot in Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) took back the vehicle of the victim D driver’s E-car; (c) took out the vehicle of FNow, which is a dangerous article, and received the victim C’s b-3 face; (d) getting out of the said vehicle; and (e) 2-3 times off the victim D face by getting out of the said vehicle; and (e) assaulted the victims by carrying dangerous articles, such as Aluminium waste fluium and beer disease, which are dangerous articles adjacent to the columns, leading the victim D.

2. The Defendant: (a) destroyed special property damage, which was parked at the time, at a place, as set forth in paragraph 1; (b) led the victim DNA owned by the victim; (c) caused the fluor in front of the vehicle to be laid down; (d) caused the wall, which is a dangerous object in the vicinity of the vehicle; and (e) destroyed the vehicle by being laid in front, in front, in front, back, and in front, in front, in front, in front, and in front, damaged the vehicle; and (e) damaged the cluor by breaking the cluor in the vehicle so that the cluor amounting to KRW 13,013

Accordingly, the Defendant, carrying dangerous objects as above, destroyed the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C’s statement;

1. Scenes of on-site photographs and CCTV images taken;

1. Application of Acts and subordinate statutes concerning car inspection specifications;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Articles 369 (1) and 366 of the Criminal Act (the point of special destruction and damage), 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant committed each of the crimes of this case using dangerous articles, such as automobiles, etc., the crime is bad, the defendant did not agree with the victims, and the defendant recognized each of the crimes of this case.