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(영문) 의정부지방법원 고양지원 2019.01.24 2017고단3939
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 21:25 on July 24, 2017, the Defendant: (a) discovered a cell phone owned by the victim B (the age of 23) as a lost cell phone; (b) accessed the victim’s cell phone, and accessed the victim’s cell phone at the time of 1429 as “the victim’s cell phone change”; and (c) heard the victim’s word “Mara, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Mayang-gu, Goyang-gu, Goyang-

The Defendant: (a) around 17:10 on December 9, 2018, the 2018 Highest 3203 Defendant: (b) finds out that no wall exists to purchase smartphone auxiliary distribution services at the E agency for the operation of the victim D located on the first floor of the Yongsan-gu Incheon Metropolitan City, Manyang-si; and (c) find out the wall; and (d) leave the victim’s side.

Along with the rejection of the request, it continued to find out the wall, and the disturbance between about 25 minutes was prevented by force by avoiding the disturbance.

Summary of Evidence

"2017 Highest 3939"

1. Defendant's legal statement;

1. B written statements;

1. Violence photographs and CCTV appearance "2018 Highest 3203";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 260 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime (the point of interference with business and the choice of imprisonment);

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include a large number of records of criminal punishment, including a stay of execution of imprisonment with prison labor, with respect to the exercise of violence, the Defendant committed violence against a victim with no influence under the influence of alcohol, and committed a disturbance at the same time.

There is no circumstance to deem that the victims did not reach an agreement with them and otherwise endeavored to recover from damage.

The circumstances after the crime are not good, such as the receipt and dispatch of a designated person who was not present in the trial process of the case, arrest, etc.

However, the defendant recognizes each of the crimes of this case.

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