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(영문) 춘천지방법원 2013.12.19 2013고단834
폭행등
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On March 23, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Young-gu Branch of the Chuncheon District Court on March 23, 201, and completed the execution of the sentence on August 12, 201.

At around 10:00 on July 17, 2013, the Defendant: (a) found the victim D's house located in Gangseo-gun D, Gangwon-do, so that the Defendant destroyed the property owned by the victim so that the repair cost amounting to KRW 90,000, by cutting off the glass window, which had been put on the victim's house entrance and entrance, three times a week, and destroying the glass, and by removing the shock net, the glass was removed.

Summary of Evidence

1. Statement of each police officer's preparation of D and E;

1. Written estimate of damage;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), reports on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes to investigation reports (report on confirmation of the number of Chuncheon correctional institutions A);

1. Article 366 of the Criminal Act applicable to the crimes and Article 366 of the Election of Imprisonment;

1. In full view of the fact that there are many assaults against the Defendant for the reason of sentencing Article 35 of the Criminal Act among repeated offenders, the fact that the Defendant committed the instant crime without being aware of the repeated offense period, and the Defendant’s statement in this court cannot be deemed to have shown good faith to the Defendant, etc., a sentence of imprisonment with prison labor is inevitable to punish the Defendant with severe punishment equivalent to the nature of the offense.

However, in consideration of the fact that the defendant agreed with the victim and the damage was recovered, and all other circumstances constituting the conditions for sentencing as shown in the argument of this case, such as the defendant's age, character and conduct, and environment, the sentence shall be imposed as ordered by the defendant.

Public Prosecution Rejection Parts

1. Summary of the facts charged

A. On July 16, 2013, the Defendant, at around 17:30 on July 16, 2013, expressed that the Defendant would have a talk to the victim under the influence of alcohol in the victim D (n, 52 years of age)’s house located in Gangwon-gun, Gangwon-do, but, on the ground that the Defendant neglected himself, such as taking a bath without the victim’s breath, making it soon, etc.

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