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(영문) 부산지방법원 2019.10.10 2018고단5447
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

"2018 Highest 5447"

1. On October 14, 2018, around 17:00, the Defendant: (a) was on the street in front of “C” located in Busan Dong-gu, Busan; (b) was Dad from the victim D (66 years old); (c) was a dangerous object on the front side (2.5 cm, 11.5 cm, 5 cm in height, 5 cm in height) to the head of the said victim; and (d) was frighted from other bricks (19cm, 9cm, 9cm, 4.5 cm in height) on the front side of the said victim’s wife; and (e) again, the Defendant was frightd from other bricks (19cm, 7cm in height, 5 cm in height) on the front side of the said victim’s wife.

Accordingly, the Defendant, carrying a slick, which is a dangerous thing, assaulted the above victim.

"2019 Highest 4006"

2. Around 00:05 on September 22, 2018, the Defendant: (a) discovered that there was no person on the part of the G convenience store operated by the victim F in Seo-gu Busan, Seo-gu; and (b) destroyed the glass window of the above convenience store around the surrounding area with a view to thefting tobacco, etc. (a 18cc., vertical 15cc., thickness 8cc.) and carried it into the said facility; (c) but (d) did not bring it into the said facility, but did not bring it into an attempted attempt.

Summary of Evidence

"2018 Highest 5447"

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Photographs "2019No4006";

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to photographs of criminal tools, damaged glass photographs;

1. Relevant Articles 261, 260 (1) of the Criminal Act (the occupation of violence with a deadly weapon and the choice of imprisonment) and 342 and 331 (1) of the Criminal Act concerning facts constituting an offense (the attempted larceny with a deadly weapon after it is destroyed at night);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. The defendant's deadly weapons for sentencing in Article 62-2 of the Probation Criminal Act.

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