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(영문) 서울북부지방법원 2017.04.21 2017고단672
특수재물손괴등
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. A special damage Defendant: (a) around 03:0 on January 13, 2017, at “D cafeteria” operated by the victim C located in Seoul Special Metropolitan City, Nowon-gu, the Defendant destroyed the repair cost of KRW 1.50,00,00 in a “D cafeteria”; (b) a small-scale bottle, which is a dangerous object, without any reason, was driving so as to debris one head of the free interest owned by the victim without any reason.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. A special assault Defendant: (a) at the time, at the time, at the place, and at the time, at paragraph 1, she broken down the main disease, which is a dangerous thing, and was seated at this place, the victim E (55 years old), the victim F (58 years old), and the head and point of the victim F (58 years old), thereby falling off the pool free trade and the poracy of spora.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes to investigation reports (to attachCCTV dynamic images);

1. Article 369(1) and Article 366 of the Criminal Act applicable to the facts constituting an offense (a point of special assault) and Articles 261 and 260(1) of the Criminal Act (a point of special assault);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the special assault against victim F with the largest number of crimes of destruction of special property, victim, E, and F)

1. Selection of imprisonment with prison labor chosen;

1. That the judgment on the Defendant’s assertion under Article 62(1) of the Criminal Act was that the Defendant had no criminal intent of assault.

However, violence referred to in the crime of assault means the exercise of physical or mental pain on a person's body, and it does not necessarily require any contact with the victim's body. The illegality should be determined by considering the purpose and intent of the act, circumstances at the time of the act, the form and type of the act, the existence and degree of pain inflicted on the victim, etc. (Supreme Court Decision 201Hun-Ga27, Oct. 27, 2016).

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