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A defendant shall be punished by imprisonment with prison labor for up to six months.
Of the facts charged of this case, the prosecution against assault is dismissed.
Reasons
Punishment of the crime
On August 17, 2016, the Defendant, at the D convenience store operated by the Victim C (Woo, 52 years of age) in W around 20:53 on August 17, 2016, was under the influence of alcohol on the ground that the victimized person said the Defendant’s credit value to the Defendant’s female-friendly Gu.
What is the difference in the chronological trauma value;
It was difficult to avoid disturbance for about 20 minutes by putting the victim's face on one occasion with the shoulder and drinking, putting the original coffee plate on the floor so that the market price cannot be repaired.
Accordingly, the defendant interfered with the convenience store business of the victim and damaged the victim's property by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol against C and E;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. The punishment shall be determined as ordered in consideration of the following circumstances on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with heavy duties) of the said Act, and other various conditions of sentencing, including the defendant’s age, family environment, motive for committing a crime, motive for committing a crime, obstruction of duties and the degree of damage to property, and circumstances after committing a crime;
The favorable circumstances: The summary of the charge of assault in the charges of this case, such as the fact that the defendant recognized each of the crimes of this case and against whom the victim did not want the punishment against the defendant: the defendant has a large number of violence and damage to property, and the defendant committed each of the crimes of this case even during the suspension of execution and protection observation period, and thus, the summary of the charge of assault in the charges of this case is that the defendant used the face of the victim C (52 years of age) at one time as stated in its reasoning.
Article 260 (1) of the Criminal Act applies to the charged facts.