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(영문) 의정부지방법원 2017.07.27 2017고단1302
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On February 2, 2017, the Defendant: (a) tried to place alcohol in a cafeteria “C” restaurant located in Do Government-si B around 00:10 on February 2, 2017; (b) attempted to do so, the Defendant d (nick, 47 years of age) sexually fluored a female-friendly victim D (nick, which is a dangerous object to this end, once boomed the victim’s boom; and (c) assaulted the victim’s body once by having the victim’s right hand hand by an beer who is a dangerous object.

2. The Defendant damaged property at the same time and place as indicated in the above paragraph 1, in order to cover the 300,000 won of repair cost by cutting down one tables owned by the victim E, one food caret, jars, and glass cups.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of E and D;

1. A damaged photograph;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Articles 261, 260 (1), and 366 of the Criminal Act concerning the choice of punishment, Articles 261, 260 (1), and 366 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. In light of various circumstances, such as the circumstance leading up to a crime recognized by evidence duly adopted and investigated by the court, the means and method of the crime, and the defendant’s behavior before and after the crime, determination of the mental disorder of the defendant under Article 62-2 of the Criminal Act on the observation of protection and observation, it is not deemed that the defendant had no or weak ability to discern things under the influence of alcohol.

Reasons for sentencing

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law;

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

(a) Class 6 (Habitual, Cumulative, and Special Assault) (Special Sentencing) mitigation element: Imprisonment with labor for a mitigated area (decision in the sphere of recommendation), for a mitigated area (decision in the sphere of recommendation), 4 months to 1 year and 2 months; and

(b) One type of the crime of destroying property (the determination of the type) shall be used as a general standard.

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