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(영문) 수원지방법원 안산지원 2017.07.06 2017고단1465

폭행등

Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

1. On May 7, 2017, the Defendant, at the entrance of the “Yung-si, Gyeonggi-do,” was boarding the victim B-si C-si located at the port of destination, and did not pay the victim fees to the Defendant, and the victim did not pay the victim fees to the Seoul Gangseo-gu Office, Seoul. At this time, the Defendant was staying in the taxi at the seat of the “Yung-si, Gyeonggi-do,” and the Defendant turned the victim to the Gung-si Police Station for the 5 Gyeonggi-do Maung-si Digital in the light-si located in Gyeonggi-do.

Therefore, the defendant, at around 03:20 on the same day, abused the victim by breaking the victim's head debt in his hand while getting off from the taxi at the parking lot of the police station at around the same day.

2. On May 7, 2017, at around 03:30 on May 7, 2017, the Defendant destroyed the following: (a) the Defendant: (b) reported the occurrence of the instant assault as described in paragraph (1); (c) and (d) the police officer of the police unit D District Police Station affiliated with the Gyeonggi-gu District Police Station; and (c) the Defendant was stopped in front of the Defendant due to the defect head in order to arrest the Defendant as the current offender; and (d) the Defendant destroyed the Defendant’s repair cost of KRW 567,978, by taking three parts of the Victim’s Boss of C cab owned by the said B driver, who was stopped in front of the Defendant.

1. Statement by the defendant in court;

1. B written statements;

1. Written estimate;

1. Each photograph;

1. Application of Acts and subordinate statutes to investigation reports (as to the statement of a police officer on duty);

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act (the point of damage to property) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation, the community service order, and the order to attend a lecture, are as follows: The first crime (damage, etc.) [the scope of recommended punishment] under Article 62-2 that there is no person who has any special sentencing [the scope of recommended punishment] under Article 2 of the basic area (Assault) [the scope of recommended punishment] under Article 1 of the Act on the Crimes of Violence (2) [the scope of recommended punishment from February to October] under Article 1 of the basic area (the scope of recommended punishment] (the person who is subject to special sentencing] under Article 62-2 of the Criminal Act: April to January 3 [the decision of sentence].