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(영문) 창원지방법원 2020.04.01 2020고단432
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. Around 02:45 on January 2, 2020, the Defendant: (a) 02:45, the Defendant: (b) took a bath in an inn room operated by the victim C (the age of 80) at the window B of Changwon-si; (c) took a breath in the direction room while drinking alcohol to the victim inside the direction room; (d) the victim gets off a credit card digital signature tag in front of the direction room without opening the direction room in his/her hand; and (e) caused the electric wires to be cut off; and (e) caused the damage of the locking device by the opening of the guidance room.

2. The Defendant: (a) destroyed and damaged the entrance door of a guiding room at the time and place specified in paragraph (1), as stated in paragraph (1); (b) took the door of the guiding room into the guiding room; (c) putting the victim in a hand carrying over the dangerous things (22 cm in total length, 11 cm in length) which were located on the floor following the opening of the guiding room; and (d) threatening the victim as stated in paragraph (1) as if he was with a hump, and used the victim as a hump, with the left hand, tightly tightly and tightly tightly tightly

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the seizure list and CCTV image output Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, and 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. The reason for sentencing under Article 62(1) of the Criminal Act (unjustifiable circumstances) is contrary to the fact that a number of criminal records of a fine, including the period of violence [limited circumstances], the victim does not want the punishment of the defendant, or there is no criminal record of a suspended sentence or heavier;

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