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(영문) 대전지방법원 홍성지원 2015.12.09 2015고단937

특수폭행등

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who resides in a victim C-owned building 201, the victim D(59) is a person who resides in the above building 202, and the victim E(57) is a person who resides in the Fudio near the above building.

1. Around June 16, 2015, the Defendant was found to have expressed a desire to the victim D, who was found by the Defendant after hearing sound of the Defendant’s disturbance in front of the front 201 on the entrance door of the 201st century, and the victim E was found to have a knife in the Defendant’s main machine, and then found that the victim E was in contact with the victim D, who was found to have a knife of the Defendant, and “I am in knife knife knife knife, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

2. The Defendant: (a) destroyed special property by putting panty, which is a dangerous object, at the time and place specified in paragraph (1); and (b) putting the victim C in accordance with the above D and E at the glass window of the entrance of the above building that is equivalent to KRW 10,00,000 at the market price of the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D, E, and G;

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and each special assault of the choice of punishment for the facts constituting the crime: Articles 261 and 260 (1) of the Criminal Act (Selection of Imprisonment) : Articles 369 (1) and 366 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. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.