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(영문) 광주지방법원 목포지원 2016.11.29 2016고단1171
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 15:25 on July 11, 2016, the Defendant: (a) found the victim’s wife, who had a relationship with the victim C (the age of 45), was in drinking alcohol with the victim on the ground that the wife of the victim, who had a relationship with the victim, did not have to have been met, and did not have to have been repaid the money; (b) demanded the victim to go at the above house; (c) the victim was in drinking alcohol, which is a dangerous thing in the above ward; and (d) caused the victim’s head by putting him/her back one time, putting him/her on the part of the victim’s head, which is a dangerous thing in the above ward; and (d) putting him/her on two occasions the head part of the victim’s head, which was a dangerous thing in the above ward.

2. The Defendant damaged the special material damage at the time and place stipulated in paragraph (1) of the above Article by cutting off a aluminium camping room, which is a dangerous object that had been at the show of a living room after assaulting the said victim, and breaking up the glass window of the kitchen entrance (20 cm in length, 60 cm in length), thereby damaging two copies of the free windows equivalent to KRW 50,000 in the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act, Articles 261, 260(1) of the Criminal Act (the point of special violence), Articles 369(1) and 366 of the Criminal Act (the point of special destruction and damage), 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;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance against the defendant, because the defendant assaulted the victim, who is the husband of the female, with the fluor, which is a dangerous object by finding in the house of the female, and damaged the glass door of the main entrance and exit, which is the dangerous object, with the view to the alkin aluminium view of the dangerous object.

However, the defendant recognized the crime of this case and there is no record of punishment for the same kind of crime, and the defendant is the victim.

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