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(영문) 부산지방법원 2018.09.28 2017고단2277

특수폭행등

Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 18, 2018, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Busan District Court, which became final and conclusive on March 23, 2018.

2. Criminal facts;

A. Special assault (2017 Highest 2277) around June 17, 2016, the Defendant collected plastic materials, which are dangerous objects, and dried up the victim, and dried up to the number of the victim’s back to the following: (a) around 06:00, the Defendant, at the first place of “△△△△△△” located on the underground floor of the building B on the Busan High-gu Busan High-gu, Busan High-gu (hereinafter “instant main place”); (b) sought to find the claim relationship to C; and (c) sought not to open a door to the victim D (26) who is an employee.

In this respect, the defendant carried dangerous objects and assaulted the victim.

B. Around May 10, 2017, the Defendant: (a) agreed to obtain a HNN city passenger car (hereinafter “instant passenger car”) from the “G Dong branch” office operated by the Victim F in Busan Dong-gu, Busan, for a monthly rental fee of KRW 2,200,000,000; and (b) delivered the instant passenger car to I on May 10, 2017; and (c) delivered the instant passenger car to I at will around the end of May, 2017.

On August 10, 2017, the Defendant returned the instant car to the victim upon the expiration of the above lending period. However, the Defendant repeated the Defendant’s payment of rent to the victim requesting the return of the instant car from the first patrolman on August 2017, and repeated the instant car from August 10, 2017 to the effect that the instant car will be returned immediately, and did not inform the contact address of I or the location of the instant car, thereby refusing to comply with the request for return of the instant car, which is approximately KRW 33 million.

Accordingly, the defendant was refused to return the property as a person who keeps the property of the victim.

Summary of Evidence

1. Crimes indicated in judgment;

A. Partial statement of the defendant

(b) Legal statement of the witness D

C. Each prosecutor's office against the Defendant.