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(영문) 수원지방법원 2018.03.09 2017고단6918
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 became final and conclusive.

Reasons

Punishment of the crime

1. Damage to property;

A. On June 22, 2017, at around 05:30, the Defendant destroyed the total market value of KRW 2.150,000,00, on the ground that, while under the influence of alcohol pursuant to subparagraph 401 of Article 4 of the building B in Suwon-si, Suwon-si, the residence of which was 05:30, the Defendant: (a) destroyed the victim D’s glass hold (the market value equivalent to KRW 1.60,00), which is the lessor referred to in subparagraph 401; and (b) destroyed the property of KRW 2.150,00,00

B. On June 22, 2017, at around 06:40, the Defendant destroyed the property equivalent to KRW 950,000,00 in total, by destroying the diaphone (market price equivalent to KRW 3.50,00), number height (market price equivalent to KRW 200,00) installed at the entrance of the building owned by the victim F at Suwon-si E, Suwon-si, where C, a spouse, is residing.

2. A special assault: (a) around September 16, 2017, the Defendant used a knife with the victim at his/her residence G and 202 victim C (V, 27 years of age) and used a knife, which is a dangerous object (25cm in total length, 11cm in length), and used a knife with the victim’s knife.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. Each written statement in D, F, and C;

1. Police seizure records;

1. Each investigation report (victimD telephone communications and witness C telephone communications);

1. Application of written estimates, photographs, the list of cases to be reported, and statutes governing field photographs;

1. Relevant Article of the Criminal Act and Articles 261, 260 (1), and 366 of the Criminal Act, and the choice of imprisonment 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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing [each property damage] mitigated area (6 months, non-wons for special assault] [the scope of recommended punishment] mitigated area (8 months, non-wons] / [the scope of recommended punishment] January -1 January (the total sum of 1/2 and 1/3 of the upper limit of the sentence scope of each property damage to the upper limit of the sentence scope of each basic crime of special assault) - Crimes related to violence against wife C, which is committed in January 2017.

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