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(영문) 서울서부지방법원 2020.04.23 2019고단3081 (1)
모욕등
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.

(e).

Reasons

Punishment of the crime

around 14:50 on October 20, 2019, the Defendant damaged the victim’s property by tearing the part of the victim’s occupied width in a manner that breath and breathing the victim’s breath in the light park in Eunpyeong-gu Seoul, Seoul, without any justifiable reason, under the influence of alcohol in light park at 849, at the unification of Eunpyeong-gu, Seoul.

around 19:30 on October 13, 2019, the Defendant, “2019 Man-Ma483”, on the ground that the victim refused to make a proposal while proposing an agreement on a assault case that occurred between the Defendant’s wife and the victim in the water light park in Eunpyeong-gu Seoul, Eunpyeong-gu to the victim (the age of 56) at the unification of Eunpyeong-gu, Seoul, about October 13, 2019, the Defendant: (a) stated that the victim refused to make a proposal; (b) took a bath for the victim to “the victim’s spath of spath; and (c) spath of the victim’s flap with his left hand; and (d) held the victim’s fla

Accordingly, the defendant assaulted the victim.

Summary of Evidence

"2019 Highest 3951"

1. Defendant's legal statement;

1. Bathing clothes photographs and investigation reports (related to suspect B's statements) 2019No4483;

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes governing the report on the occurrence of violence, investigation report (related to the attachment of CCTV videos), CCTV images at the place of occurrence;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, and the point of destroying and damaging property which is the choice of punishment: Article 260 (1) of the Criminal Act;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

The circumstances that are favorable to the fact that there are a large number of criminal records: The fact that the victim of the damage of property does not want to be punished, the degree of the exercise of tangible power is not much serious, and the rejection of prosecution is against it.

1. This part of the facts charged (2019 order3081 case)

(a) Defluence.

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