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(영문) 창원지방법원 마산지원 2018.07.10 2018고단101
특수폭행등
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 00:25 on September 26, 2017, Defendant 101 expressed desire to take care of the victim C (30 tax) who is an employee at a convenience store near the Msan bus terminal located in the Chang-si, Masan-si, Masan-si, 3.15, and 768 on September 26, 2017, on the ground that the victim’s buckbucks were exposed to the Defendant’s bucks and bucks of the Defendant’s bucks and bucks of the Defendant’s bucks and bucks of the Defendant’s bucks and bucks of the Defendant’s bucks.

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

On January 19, 2018, Defendant 2018, Defendant 355, on the ground that the Defendant was assaulted and reported to 112 by the Defendant at the E district unit of the Msan-dong Police Station E district located in Yongsan-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City, on January 19, 2018, but the police officer did not promptly dispatch the 112 report.

“Along with the sound, the computer monitors in the hands were collected to the computer monitors on the earth’s book and damaged to separate the computer monitors in the amount of 149,000 won at the market price.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

2018 Highest 101

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Four copies of the photograph related to the violence-related crime, 2018 high group 355;

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs);

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a special assault, choice of imprisonment), and Article 141(1) (a) of the Criminal Act (a damage to goods for public use, and choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for a crime causing damage to goods for public use, the punishment of which is heavier);

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

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. The scope of sentences: Imprisonment with prison labor for one month to ten years and six months;

2. The scope of the recommended punishment according to the sentencing criteria: Imprisonment for two months to one year and six months.

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