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(영문) 의정부지방법원 2018.11.20 2017고단5267
특수폭행등
Text

Defendant

A shall be punished by imprisonment for four months.

However, with respect to Defendant A, the above sentence shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal History (Defendant A)

1. On November 2, 2017, the Defendant: (a) at the F Office located in Cheong-si, Ma on the 17:00 on November 2, 2017; (b) at the four-day construction site on the ground that the Defendant was in excess of the support amount due to the victim B ( South and 64 years old); and (c) on the pipe that the Defendant did not go against the Defendant’s head, he saw the Defendant’s fire; and (d) he saw the victim’s right-hand bucks by making up one time the victim’s buckbucks, which are dangerous things located therein (115cm in length).

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. When the Defendant, at the time, at the time, at the place under the preceding paragraph, and at the same time, destroyed the Defendant’s assault by the Defendant, was found to drive away the victim out of the way to drive away, he did not extract 1 ton of the G 1 ton truck, which is a dangerous object, (15 mm in length), and caused the damage to the extent of KRW 100,000,000,000 of the repair cost to be damaged.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260(1) (a) of the Criminal Act that prescribes the choice of punishment (a point of special assault, choice of imprisonment with prison labor) and Articles 369(1) and 366 of the Criminal Act (a point of destroying special property and a 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for four months to one year and seven months.

A. A. A crime No. 1 (Special Assaults) (Scope of Recommendation) (Special Assaults) in the mitigated area (4 months to one year and two months), i.e., mitigation area (including special mitigation persons), i.e., efforts to recover damage) or considerable damage.

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