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(영문) 서울동부지방법원 2018.07.20 2018고단1694

폭행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[2018 Highest 1694]

1. On April 25, 2018, at around 15:45, the Defendant damaged the inner diameter equivalent to KRW 120,000,00 at the market price owned by the victim by taking advantage of the fact that the Defendant and the bridge were faced with a victim C (78 tax) in the train of the 1097 Gangseo-dong subway 5 Line No. 5 Line No. 5 Station No. 1097, and the Defendant took a bath to the victim on the ground that he/she was faced with the Defendant and the bridge, while taking the face of the victim by drinking the victim, leaving him/her away the inner diameter used by the victim on the floor, thereby destroying the inner diameter.

[2018 Highest 1723]

2. On May 15, 2018, at the E’s residence located in Gangdong-gu Seoul Metropolitan Government D, B01 around 06:15, the Defendant continues to refer to the Defendant’s theft of ETV monitors prior to the victim F (23 years old) and “E TV monitors were sold.”

As "," and other things are doubtful and doubtful that they are not stolen, it takes a knife of 33 cm in length ( approximately 21 cm in length, approximately 12 cm in length), which is a dangerous thing in the kitchen, and has reached the victim's left side one time.

In this respect, the defendant used a knife, which is a dangerous object, to put the victim a prison wound for the number of days of treatment.

Summary of Evidence

[2018 Highest 1694]

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A photograph of a damaged shotscope (2018 highest 1723);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. A damaged photograph, deadly weapon or photograph;

1. Application of Acts and subordinate statutes to a report on investigation (investigation for attaching a medical certificate), an investigation report (the name of a diagnosis and the number of days of treatment specified in the relevant Acts and subordinate statutes);

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of damage to property, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning the facts constituting an offense;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes, which are determined for the heavier special injury);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):