beta
(영문) 서울남부지방법원 2017.11.08 2017고단2879

폭행등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 12:50 on June 8, 2017, the Defendant committed assault against the victim, such as the victim D (48 taxes) who satisfing the sat and fating the fat within the convenience store in Guro-gu Seoul Metropolitan Government, and was removed from the victim D (48 taxes) who had satisfing the sat, fating the victim’s sat, making the victim’s satfat, bating the satch, making the victim’s sat

2. Damage to property;

A. The Defendant committed a crime against the victim D, such as the date, time, place, and paragraph 1, committed an assault against the victim D, and caused the victim D to cut the gold rings worn by the victim as his hand, thereby damaging the unsatisfies in the market price, which is the victim’s possession.

B. The Defendant committed the crime against the victim E at the convenience store managed by the victim E in Guro-gu Seoul Metropolitan Government at the time of the day specified in paragraph (1), such as paragraph (1), destroyed property worth KRW 34,400 in total of the market prices of the victim by putting up approximately 15 strings, 2 strings, and 2 strings, and multiple strings of various departments, and destroying them.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs at the time of dispatch;

1. Photographs damaged by damage to the victim's DNA property;

1. Each statement of E and D;

1. Application of the Acts and subordinate statutes to CDs for producing CCTV images at the site of the case (C convenience store);

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (Assaults and Selection of Imprisonment) concerning the facts constituting an offense, and Article 366 of the Criminal Act (damage of Property and Selection of Imprisonment with prison labor);

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 execution of a sentence shall be suspended in consideration of the confession of the reason for sentencing, the background of the crime, the degree of damage, other sentencing conditions, etc. under Article 62 of the Criminal Act; however, the execution of a sentence shall be suspended in consideration of the fact that there has been a history of punishment more than ten times for the same kind of violent crime such as obstruction of the duty of violence, etc., and that the problem mainly arises due to drinking, and the protection, observation