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(영문) 서울남부지방법원 2017.09.08 2017고단2815
특수폭행등
Text

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

Criminal facts

1. On May 30, 2017, the Defendant: (a) around 19:50, on the street in front of the General Social Welfare Center located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, 24:19 New Month 19, the Defendant used a pipe (1m in total length) that is a dangerous object in which the victim C (57 years of age) was able to meet; and (b) made one time a part of the victim’s left side bucks.

Defendant, while carrying dangerous objects as above, committed assault to the victim.

2. On May 30, 2017, the Defendant: (a) abused the Victim C, such as the preceding paragraph before around 19:58, and found the Victim’s residence as Yangcheon-gu Seoul, Yangcheon-gu, Seoul, where the victim’s residence, and used a hack pipe (1m in total length), which is a dangerous object; and (b) caused the Victim’s house entrance, kitchen glass, toilet glass, fireproof glass, etc. to have the Victim hack the glass window, flower, fireproof powder, etc.

The Defendant, while carrying dangerous objects as above, destroyed the victim’s property that could not know the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260(1) (a) of the Criminal Act that prescribes the choice of punishment (a point of special assault, choice of imprisonment with prison labor) and Articles 369(1) and 366 of the Criminal Act (a special damage point and choice of imprisonment with prison labor);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

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

A. 1 Scope of the punishment for individual crimes) Special Assault (Scope of the punishment) (basic crimes / [Scope of the punishment for recommendation] Interference with the duties of obstructing the basic area (from June to October) (no person subject to special sentencing) (2) of the basic area (no person subject to special sentencing) / [the scope of the recommended punishment] / Special Destruction of Habitual Offense No. 1 (Special Destruction, etc. of Habitual Offense) (No person subject to special sentencing from August to January 6) (no person subject to special sentencing)

B. The scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment with prison labor for up to two months from July 2.

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