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(영문) 창원지방법원 2021.02.03 2020고단3861
폭행등
Text

A defendant shall be punished by imprisonment for four 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

On October 23, 2020, the Defendant damaged the entrance door by breaking the door door by breaking up the door door of “D”, which is a dangerous object, at around 10:05, the victim C (W, 60 years of age) who was located in the Changdo-si, Jindo-si, Jindo-si, and the victim’s booms himself/herself by assaulting the victim. The Defendant damaged the repair cost by destroying the entrance door by using the brick (flost, 15cm wide, 10cm wide, 10cm wide).

Summary of Evidence

1. Application of the police protocol photographs statutes to the defendant's legal statement C to the police's protocol;

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] of the repeated crime and special damage [type 1] of the repeated crime and special damage [person subject to special sentencing]: where the punishment is not (including serious efforts to recover damage) or a significant damage has been restored [the scope of the recommended punishment] mitigated area, and one month through August of the imprisonment;

2. In light of the risk of the Defendant’s act of damaging the glass door of the main entrance of the victim with the bricks, the degree of damage to the victim, etc., the criminal nature is not good;

Prior to the instant case, the Defendant found the main points of the victim on several occasions, and had the victim drink without permission, and avoided the disturbance.

Although the Defendant was punished twice due to violence-related crimes, he committed the same offense.

However, the Defendant recognized the instant crime and reflected the mistake.

The defendant does not want the punishment of the defendant by mutual agreement with the victim in the course of trial.

In addition, taking into account the conditions of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive of the crime, circumstances after the crime, etc., and the recommended punishment according to the sentencing guidelines, the punishment as ordered.

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