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(영문) 서울남부지방법원 2017.02.03 2016고단5771
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant and the Victim B (V, 61) are married couple.

On September 13, 2016, the Defendant, on September 13, 2016, filed a dispute with the victim by telephone, and arrived at the residence located in Gangseo-gu Seoul Metropolitan Government C and 403 around 16:0 on the same day, and “this weather year, I report,” with the victim.

During the period of constant divorce, the victim was suffering from an illness, and the body of the victim was a small room, with the small room, and the victim was blicked two times with the hand floor of the victim.

2. On September 13, 2016, at around 18:50, the Defendant damaged the partitions on the books installed in the Hero’s office by taking a bath without any reason while waiting to undergo an investigation at the office of the Gangseo Police Station Women’s Juvenile Investigation Team located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul. In order to undergo an investigation at the office of the Gangseo Police Station Women’s Juvenile Investigation Team located in Yangcheon-gu, Yangcheon-gu, Seoul.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B written statements;

1. A report on dispatch to the scene of violence incidents;

1. Investigation report (Attachment of photographs damaged public objects of the suspect) and photographs;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 141(1) of the Criminal Act (the point of damage to goods for public use) and the choice of imprisonment with prison labor for each crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of the territory of recommendation), the basic area [Determination of the territory of recommendation] [the scope of recommendation] 6 months - one year - six months - one year - six months - one year - six months;

(b) Category 1 (General Violence) (Determinations in the sphere of recommendations) is the basic sphere of assault crimes of Category 2 (Assaults) (Determinations in the sphere of recommendations);

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