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(영문) 대전지방법원 천안지원 2016.07.01 2016고단545

특수폭행등

Text

The punishment of the accused shall be eight months by imprisonment.

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

Reasons

Punishment of the crime

1. On March 19, 2016, at around 20:40, the Defendant: (a) demanded compensation from the victim C (31) who is the head of the bank by spreading water into a cafeteria located in Seocheon-si, Seocheon-si; (b) on March 19, 2016, the Defendant: (c) took the part of the victim’s left face; and (d) took part of the victim’s plastic standing signboards, which are dangerous objects outside the said cafeteria, one time the victim’s left face.

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

2. The Defendant damaged public goods: (a) arrested a flagrant offender by a police officer upon receipt of a report from C at the time as described in paragraph (1) and was transferred to the D district located in Seocheon-gu, Seocheon-gu; (b) the police officer E, the police officer of the above earth, demanded the Defendant to present his/her identification card; (c) caused an interesting part of the connected part by putting a computer monitor in his/her hand at the location; and (d) caused damage to the part.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Written estimate;

1. A photograph of the victim's upper part of his/her body, a photograph of public use and a photograph of the image screen;

1. Investigation report- Application of Acts and subordinate statutes, such as field investigation;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 141(1) (a point of damage to goods for public use) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

A. Type 6 (Habitual Offense, Cumulative Offense, Special Assault) (Special Sentencing Person) (Special Sentencing Person) - The elements of mitigation: In a case where punishment is not imposed (including serious efforts to recover damage) or considerable damage is recovered (the decision on the territory of recommendation] mitigated area [the scope of recommendation] 4 months to February 1.