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(영문) 춘천지방법원 강릉지원 2018.11.15 2018고단985
특수폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 21, 2018, the Defendant: (a) assaulted the victim C’s residence (at around 59 years old) where B apartment was operated in the East Sea (at around 17:50 on September 21, 2018; (b) on the ground that the victimized person was unaware of the Defendant, who had been suffering from drinking alcohol, and on the ground that he was unaware of the Defendant, the victim was at the time of the victim’s head.

2. On September 21, 2018, at around 19:50, the Defendant damaged the above 1. Around September 21, 2018 residence, the Defendant: (a) was separated by the police officer called out after receiving a report of 112 reported by the victim C, who was assaulted as described in the above 1. Paragraph (1); and (b) returned to find out the Defendant’s body after leaving the house; and (c) returned to the above residence; (d) however, due to the enormous safety walk fixed on the entrance, the Defendant’s body shuts down the entrance sufficiently with his hand so that the entrance may not be easily opened; and (e) the Defendant damages the above property that could not know the market price as to the victim’s body because of the said enormous safety walk due to the sudden trouble.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the provisions of 10 Acts and subordinate statutes to the photographs of victims and photographs of damaged doors immediately after filing a report;

1. Relevant legal provisions concerning facts constituting an offense, Articles 261, 260(1) (a) and 366 of the Criminal Act that choose a penalty, and the choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime shall be determined by comprehensively taking into account the following circumstances and the various conditions of sentencing as indicated in the instant pleadings, including the circumstances after the crime, etc., and the sentence shall be determined as ordered.

The favorable circumstances: The fact that one's mistake is divided, the fact that the victim has agreed smoothly with the victim, and the fact that there is no record of punishment exceeding the fine: the instrument and method of the crime.

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