beta
(영문) 서울북부지방법원 2019.08.27 2019고단1189

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

At around 19:25 on December 9, 2018, the defendant, in front of the "C" guard room where he works for the defendant in Seongbuk-gu Seoul Metropolitan Government, did a dispute with the victim D (65 years of age) and his obligation, and booms the victim's flab and flab and flab, as the victim could flab, and then flabs the victim's flab, and flabs the victim's flab, who was flabed with the victim's car, flab, and flabed the victim's flab to the chief flab.

Since then, the defendant sent the vehicle out of the vehicle by pushing the defendant, and then, around 19:34 of the same day, the defendant has maintained the door of the vehicle, which is a dangerous object after the above security room (20cm in the blade length), and had the glass window, the driver's seat, etc. of the above vehicle where the victim was seated several times, and the brid (2.5m in length, 1.5m in height) which is a dangerous object on the street continued to have been taken three times in the above vehicle.

Accordingly, the defendant, carrying dangerous articles, assaults the victim, and damaged the vehicle owned by the victim so that the repair cost of 3,174,356 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Partial statement of the police interrogation protocol of the accused;

1. Some statements in the police statement concerning D;

1. A detailed statement on handling 112 reported cases;

1. Investigation report (in relation to the inspection of CCTV images at the site), investigation report (in relation to the search and investigation at the site), investigation report (in relation to the inspection of CCTV images), etc.;

1. Seizure records;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of seized articles, CCTV CDs, and images of damaged vehicles;

1. Relevant provisions of the Criminal Act, Articles 261, 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: