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(영문) 수원지방법원 성남지원 2016.03.11 2016고단29
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. A special assault Defendant: (a) around the mid-term 18:00 on June 2015, around Gwangju-si apartment guard room, sold the parts of the victim D (61 m in length) with each item (1m in length) dangerous articles, without any special reason.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On December 31, 2015, the Defendant: (a) around 10:35, Gwangju-si, Gwangju-si apartment 201-dong 3-4, 3-4, and damaged the entrance glass by cutting off the entrance door of the above apartment site, which is a dangerous object, with golf bonds without any special reason, and continuously coming into the said apartment parking lot and parked in the said parking lot with golf bonds, the Defendant 2,842,838 won in front and rear glass of the Fpool vehicle, the victim E, the vehicle owned by the victim E, who was parked in the said place, was destroyed to repair costs by continuously 2,842,838 won; (b) on the front and rear glass, driving knicks, and knicks in front and rear the H-gu Hadle of the vehicle owned by the victim G with golf bonds, and (c) destroyed to repair costs of KRW 2,679,701.

Accordingly, the defendant carried dangerous articles and damaged the victims' property.

3. On December 31, 2015, the Defendant did not pay KRW 47,120,00 after boarding the said taxi and moving the said taxi to the Japanese Embassy located in Jongno-gu Seoul, Jongno-gu, Seoul, despite the lack of intent or ability to pay the taxi expenses. However, the Defendant requested the victim I driver to board a private taxi and move the said taxi to the Japanese Embassy located in Jongno-gu, Seoul, and did not pay KRW 47,120 after moving the said taxi to the Korean Embassy of Jongno-gu, Jongno-gu, Seoul.

Accordingly, the defendant had acquired property benefits equivalent to the above money by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the first trial protocol of this case;

1. Each police statement made to E, G, D, and I;

1. The K's statement;

1. A protocol of seizure and a list of seizure;

1. A taxi charge receipt;

1. Written estimate to be submitted to the victim E (F) and written estimate to be submitted to the victim G (H);

1. A photograph of the damaged scene and a photograph of the damaged vehicle;

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