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(영문) 창원지방법원 2019.07.18 2019고단674

특수폭행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 26, 2019, at around 22:35, the Defendant entered the victim C’s residence located in Kimhae-si B, and entered the victim’s house in front of the victim’s house entrance in excess of the fence by an unreasonable method and invaded the victim’s residence.

2. The Defendant assaulted the victim by taking the date, time, place, and the victim C (n, 65 years of age) with the desire to “Is a spath and grow up,” and by taking a dangerous object to be prepared in advance, a steel spathp (19cc in total length) of the victim’s shoulder part of the victim’s shoulder one time with a spath and a brush, and destroying the victim’s body by pushing the victim’s body with a spath hand.

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

3. The Defendant causing property damage: (a) laid down a steel catner with a steel catner owned by the Defendant at the time, place, and at the time and place indicated in paragraph (1); (b) laid down a steel catus with a steel catus located therein; and (c) destroyed a plastic catble with a plastic cather in an amount equivalent to KRW 50,000, the market price of which is the victim’s ownership; and (d) destroyed a plastic catus with a hatus with a cat

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of each statute on photographs;

1. Relevant Article 319(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 36 of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the confession and reflect, the fact that it appears to be a contingent crime, the first offender without any previous criminal record, and the fact that he/she suffers from mental and economic difficulties);

1. Probation under Article 62-2 of the Criminal Act;