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(영문) 부산지방법원 2019.08.21 2018고단3824 (1)
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around 01:20 on July 19, 2018, the Defendant jointly with B, while drinking alcohol at the “E main points for the operation of the victim D” in Busan Jung-gu, Busan, the Defendant brought a dispute with each other in the process of diving B’s shouldering the Defendant, and the Defendant collected 10 glass cups, 2 glass cups, 3 plastic cups, 3 plastic cups, and 2 plastic garbages.

Accordingly, the defendant jointly damaged the unclaimed property at the market price, which is owned by the victim, and damaged its utility.

2. The Defendant’s sole crime committed the instant crime with B, as stated in paragraph (1), was committed by the victim F (the age of 27) who was an employee of the said main point, with B and at the same time and place as above, and assaulted the victim by making it difficult for the victim F (the age of 27) to speak, by taking the victim’s hand hand over, pushing the victim’s hand over, making the victim’s hand over, and cutting down the part of the victim’s boat and the beer, which is a dangerous object.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Protocol concerning the examination of each police suspect against the defendant or B;

1. Statement of the police statement related to D, F and G;

1. Investigation report (the sequence 7, 16 of the list of evidence);

1. Application of each Act and subordinate statute to images and photographs;

1. Relevant Article of the Criminal Act, Articles 366 and 30 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment for the crime;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are the crimes of assault and assault [Scope of Recommendation] 6 types (Cumulative Offense and Special Violence) and the scope of punishment not to be mitigated (Special Mitigation) / [Scope of Recommendation] / [Scope of Recommendation] 1 types (Destruction and Damage, etc.) and the mitigation area (1 to 6 months) / the mitigation area (1 to 6 months) / the final sentencing range due to the aggravation of multiple crimes where significant damage has been recovered, the scope of punishment due to the aggravation of multiple crimes : February to 1 year / May / [Determination of Punishment] / The defendant has been detained for a certain period and reflects

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