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(영문) 서울남부지방법원 2016.10.12 2016고단2449
폭행등
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.

Reasons

Punishment of the crime

1. 폭행 피고인은 2016. 5. 10. 22:30경 서울 강서구 C에 있는 과거 동거녀 피해자 D(여, 49세)의 집에서, 피해자가 자신의 명의로 되어 있는 집에서 나가지 않는다는 이유로 “왜 집에서 나가지 않냐, 죽여버리겠다”라고 말하며 피해자의 왼쪽 어깨를 손으로 밀치고, 발로 피해자의 정강이를 수회 찼다.

As such, the Defendant assaulted the victim.

2. The Defendant causing property damage, at the time, at the same time and place as the above Paragraph 1, and at the same time and place as the victim reported 112, shouldered the table glass by cutting the victim’s crypted with his house and cutting the crypted glass door by cutting the crypted with his house and cutting the crypted with his house.

Accordingly, the defendant damaged the glass and glass of the victim who was not aware of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs damaged by destruction of and damage to property);

1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 266 of the Criminal Act, 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: Crimes of causing property damage (determination of types) and causing property damage (type 1) [no person] (the area of recommendations and scope of recommendations], the basic area of punishment, four months to ten months of imprisonment;

(b) Concurrent crimes: Crimes of assault (determination of types) and violence crimes committed in general (type 1) [no person] [the area of recommendation and scope of recommendation] basic area, two months to ten months of imprisonment; and

(c) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment for four months to one year and three months (the upper limit of the scope of punishment for basic crimes shall be 1/2 of the upper limit of the range of punishment for primary crimes);

3. Reasons for the suspension of execution [the main reasons for the suspension of execution].

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