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(영문) 의정부지방법원 2016.05.24 2016고단1236

특수폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 27, 2015, the Defendant: (a) 23:50 on December 27, 2015, the Defendant d (53 Doese Doese Doese Doese Doese Doese Doese Doese Doese Doese Doese Doese Doese Doese Doese Doese Doese; (b) Doe Doe Doe Doe Doese Doe Doese Doese Doese; (c) Doe Doe Doe Doe Doese Doese Doese Doese, and Doe Doe Doe Doese Doese Doese Doese Doese Do, and Doe Doe 150,000 won at the market price owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Report of investigation (case for estimation of damage);

1. Investigation report (to hear statements from victims Eline);

1. Investigation report (to hear suspect D phone statements - telephone recording);

1. Application of Acts and subordinate statutes of each damaged photograph;

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 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes: Special assault (Scope of recommended punishment) and assaulting crimes in six categories (Habitual, repeated, and special assault) and basic areas (six months to one year and ten months) (any person who is subject to special sentencing).

(b) Concurrent Crimes: Destruction of property (the scope of recommended punishment) and the basic area (from April to October) (the person who is subject to special sentencing) of the category 1 (property damage, etc.).

(c) Aggravation of multiple crimes: Imprisonment with prison labor for not less than six years but not more than two years and three months (=one year and October 10 x 1/2).

3. Circumstances disadvantageous to the decision of sentence: The fact that there exist heavy criminal liability such as exercising violence against other persons with dangerous articles, the fact that the accused can have been punished as violent crimes, and damage; and