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(영문) 서울북부지방법원 2017.09.28 2017고단2102
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 05:00 on December 7, 2016, the Defendant destroyed special property: (a) had to enter the said building into the front road of Jongno-gu Seoul Metropolitan Government building; (b) however, having to open the entrance, the Defendant saw it as a dangerous object located in the vicinity of the entrance, and damaged the KRW 600,000 of the entrance managed by the victim D Company.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. A special assault Defendant: (a) entered the date and time set forth in paragraph 1; (b) and carried out the said building; (c) and (d) served as an employee of the said D Co., Ltd., a staff member of the said D Co., Ltd., who was managing the said building; (d) served as a victim’s head of the victimized Party E (59 Ba); and (e) served as a dangerous object in possession of the said dangerous object (75 cm in total length) and assaulted the victim of Aluminium (75 cm in total length).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Each photograph;

1. A report on investigation (on-site search and witness's statement);

1. Investigation report (related to dangerous objects);

1. Investigation reports (related to verification of damaged glass);

1. Application of Acts and subordinate statutes to investigation reports (victim telephone communications-market price verification);

1. Relevant legal provisions concerning criminal facts, Articles 369(1) and 366 of the Criminal Act concerning the choice of punishment (a point of destruction of special property), Articles 261 and 260(1) of the Criminal Act (a point of special assault) of the Criminal Act, and the choice of imprisonment for each sentence;

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. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection was that the instant damage was not recovered.

The defendant has been punished for violence-related crimes and damage-related crimes.

However, the defendant is opposed to the defendant's attempt to commit the crime of this case.

The defendant has received hospitalized treatment due to an on-site illness, etc., and he/she shall receive current medical treatment.

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