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(영문) 수원지방법원 안양지원 2017.08.09 2016고단212

폭행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On January 13, 2016, the Defendant: (a) at the main point of “D’s operation of the Victim C (47 years old) located in the Manan-gu Mayang-si B (Mayang-si); (b) on the part of the Defendant, the Defendant: (c) committed assault against the victim by taking the victim’s left side knife knife with the Defendant’s knife, on the grounds that the Defendant was influe by drinking before the towing; (d) on the part of the Defendant, the Defendant was able to have the Defendant returned home; and

2. The Defendant damaged property by citing the parts owned by the victim and destroying them on the floor in the course of assaulting the victim at the time and place described in the above paragraph 1, as described in the above paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act, 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 Act on the Suspension of Execution (the following sentencing conditions favorable to the sentencing guidelines) of the Criminal Act takes full account of the sentencing [the scope of recommended sentences according to the sentencing guidelines] - Property damage - Fundamental area (the period between April and October) (the period between April and October), the basic area (the period between February and October) of the first category (the period between February and the period between February) (the period between February and the period between October) of the Act on the Punishment of Violence - The range of final recommended sentences due to the aggravation of multiple crimes for which no special sentencing is special sentencing: Imprisonment for April to August 2: Imprisonment for a period of two years (the period between April and January 10): Imprisonment for a period of two years disadvantageous to the suspension of execution - In light of the circumstances and contents of the crime; the fact that the crime was not committed by the injured; the fact that there are many previous convictions related to the crime; the extent of damage caused by the crime of this case is no favorable sentence; and the extent of damage is relatively less favorable.