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(영문) 의정부지방법원 2017.02.22 2016고단4408
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. On May 31, 2016, at the F point of the operation of the victim E (n, 36 years old) located in Namyang-si around 06:35 on May 31, 2016, the Defendant appeared to have taken the attitude that the Defendant was able to demand the victim to replace her her her her leb by drinking alcohol, her her her lebbb, her her course, her her head by drinking the victim's her her back, and her head by drinking the alcohol on the side, and her her head was her head after drinking the victim E's her lusium. The Defendant her G (36 years old) was her her her hand, who was the customer with drinking while drinking the alcohol on the side, was her her part, and her her flab, and hercing it with a beer disease.

Accordingly, the defendant, carrying a dangerous object, and assaulted victims.

2. The Defendant who damaged property, at the same time and place as described in paragraph 1, destroyed the property equivalent to KRW 110,000 in total, by duplicating the cuplicator’s cuplicator’s cuplicator’s cuplicator’s cuplicator’s cuplicator’s cuplicator’s cuplicator’s cuplicator’s cuplicator’s cuplicator’s cuplicator’s cup

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. A protocol concerning the examination of the police officer in G;

1. Each statement of E and H;

1. Investigation report (on-site investigation, etc.);

1. Application of Acts and subordinate statutes to field photographs, victims, suspect body photographs;

1. Relevant provisions of the Criminal Act and Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the facts of 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 suspension of execution (the following favorable circumstances):

1. Crimes No. 1 (Assault) for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, Etc. (hereinafter referred to as "the scope of recommending a person to be subject to punishment") are types 6 (Habitual, repeated, and special assault) for the mitigation area (4 months to 1 year and 2 months) (the person who is subject to special mitigation), and crimes No. 2 (Assault) for the mitigation area (the scope of recommending a person to be subject to punishment) [the scope of punishment] for the assault crime.

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