beta
(영문) 수원지방법원 2019.01.29 2018고단7018

특수폭행등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 13, 2016, the Defendant was sentenced to six months of imprisonment for perjury by the Suwon District Court, and completed the execution of the sentence on October 22, 2016.

【Criminal Facts】

On October 8, 2018, at around 16:50, the Defendant requested the victim F (the 50 years of age) F (the 50) who performed alcoholic beverage to obtain a better drinking, as well as the Defendant requested the victim F (the 50 years of age) to do so, but on the ground that the victim refused to do so, the Defendant, on the ground of a small-scale fighting, which was a dangerous object in the floor, carried on the floor, made one time a part back to the left side of the victim F.

The Defendant continuously damaged the above door door door door door door door door door door door and door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door.

Accordingly, the defendant, carrying dangerous things, assaults the victim F, and damaged the victim C's property.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Statement to C by the police;

1. Evidentiary photographs and records of the case-related photographs;

1. Previous records of judgment: Application of inquiries and inquiries, such as criminal records, a copy of judgment, and the current status of personal confinement;

1. Relevant provisions of the Criminal Act, Articles 261, 260(1) of the Criminal Act (the point of special violence), Articles 369(1) and 366 of the Criminal Act (the point of special destruction and damage), the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent offenders, reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Scope of Recommendation] Class 6 (Assaults and Violence) and the mitigation area (two to one year and two months): Persons who are under special mitigation not to punish a person who is under special mitigation not to punish a person: A second crime for the same repeated offense, special damage and destruction of a repeated crime.