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(영문) 서울동부지방법원 2018.05.17 2018고단980

특수폭행등

Text

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

Reasons

Punishment of the crime

1. On March 23, 2018, the Defendant destroyed the property owned by the victim by destroying the defluence of the market price, which is the victim’s possession, which was displayed at a house located in Seoul Special Metropolitan City Gwangjin-gu building and Do floor 2, with the wife D around 10:50.

2. Around 11:05 on the same day, the Defendant, at the same place, she was asked from E (77 3) the main body of the victim, the victim, who was the victim of the witness to have observed the destruction, such as chemical powder and scam and scambling as above, she saw the victim to “ring the scam and scam,” and scam the gate so that the victim does not flee, she scam the victim, scam the Defendant scam, opened the gate, opened the gate, and scam the scam, which is a cleaning instrument in the scam of the escape scam, and followed the victim.

Although the defendant tried to see the victim's insertion, the victim knee knee knee knee knee knee knee knee knee knee knee knee knee and knee knee knee knee.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Photographs of the article damaged by the property;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of on-site and damaged articles, and photographs of damage situations);

1. Relevant Article 261 of the Criminal Act, Articles 260(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38 subparag. 1 subparag. 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are that the Defendant, while drinking alcohol, was assaulted by the elderly victim, such as kne-winging, walking with kne-winging, walking with kne-winging, etc. In light of the risk, degree of assault, etc., the responsibility for the crime is heavy.

In addition, the defendant has a record of being punished for suspension of execution due to the same crime, and is a murder.