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(영문) 청주지방법원 2019.03.21 2019고단203
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 22, 2018, the Defendant was sentenced to 8 months of imprisonment and a fine of 1 million won at the Jeonju District Court for the violation of the Road Traffic Act, etc., and completed the execution of the sentence in the military prison on May 27, 2018.

1. Around 02:00 on January 16, 2019, the Defendant: (a) destroyed the damage of property by leaving the door by a victim D, who is a female son, in front of the victim C’s house located in the Cheongju-si Office B, Cheongju-si, on the ground that the victim’s female son was not opened a door due to locking; and (b) destroyed a copy of the front door glass window equivalent to KRW 100,000,000,

2. The Defendant: (a) opened a entrance and entered into a entrance at the time and place specified in paragraph (1); and (b) used the victim D (36 years of age) who was divingd in a ward to “I am out of her door, I am knee, knee,” and assaulted the victim by taking the knee, which was a dangerous object in a ward, to “I am out of her door, I am kne, I am.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Investigative reports (Attachment to a list of 112 Reporting Cases);

1. Application of the Acts and subordinate statutes to victim scenes, victim photographs, photo of the suspect's dead knee-knee-fele-fele-fele photograph;

1. Relevant Article 366 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the conditions for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, such as the fact that the defendant's mistake is divided, and the crimes of different types are committed during the period of repeated crimes, although they are committed during the period of repeated crimes, they are not used by the victim, and disadvantageous circumstances, such as the fact that the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing specified in the records and arguments of this case, shall be determined in full view of all the circumstances, including the defendant's age, character

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