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(영문) 청주지방법원 2017.01.19 2016고단1238
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 March 20, 2016, the Defendant damaged the victim’s property by exposing a double iron fence (1.5m in height and 10m in length) installed by the victim to use a boundary mark on the land in the Gun of Chungcheongnam-do around 13:40 on March 20, 2016, while the Defendant was in sight due to the boundary issues between the victim D and the land boundary issues.

2. At the time, place, and place under the preceding paragraph, whether the injured person is his superior to the victim who follows the Defendant’s behavior “I see this dogping and within the land”

The expression "(1m in total, 20m in the inserted date) is a dangerous object in the cargo of the defendant's person, and the victim's face was displayed towards the victim, and the victim's face was expressed one time with big tree seedlings.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of the statutes on cadastral map and site photo of the case;

1. Relevant legal provisions concerning facts constituting an offense, Articles 261 and 260 (1) of the Criminal Act that choose a penalty, Article 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. Suspension of execution of punishment under Article 62(1) of the Criminal Act is short of the grounds for sentencing, conditions favorable to the disadvantage of the means of crime, such as the danger of the means of crime, the fact that there is no record of criminal punishment, and other circumstances shown in pleadings, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of various circumstances shown in the

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