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(영문) 부산지방법원 서부지원 2019.11.21 2019고단562
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2019, around 21:33, the Defendant used telephone conversations at C1st floor located in the Busan Shodong-gu, Busan, on the ground that telephone conversations was made with D and joints of the victim D, a main owner of the said hot spring business, and the victim E, an employee of the said hot spring, was at the fire extinguisher, which was a dangerous object for the damage of the victim E, and at the same time, assaulted the victim E, who was in the said Kaba-gu, with the frees of the market value of 50,00 won.

Then, the Defendant: (a) laid the victim E from the carper; (b) laid the fire extinguisher, which is a dangerous object, putting the victim into the carper; and (c) destroyed and damaged the 30,000 won of the market price of the victim D owned by the victim located in the carper.

Accordingly, the defendant carried a dangerous object, and assaults others, and damaged others' property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Articles 261, 260(1) (a) and 369(1) and 336 (a) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to recognize and reflect his own crime.

The defendant has no record of punishment heavier than a fine for the same crime.

The victims do not want punishment by mutual consent with the victims.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

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