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(영문) 서울북부지방법원 2018.04.18 2017고단1809
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

on April 26, 2017, the Defendant, at around 00:05, the Defendant, at the main point of “D” operated by the Victim C (Y, 56 years of age) in Jung-gu Seoul, Jung-gu, Seoul around 00:05, he/she holds money in his/her possession to receive a demand to approve the alcohol value after drinking alcohol and drinking it at the main point of “D.”

It will be finally calculated.

Although the victim refused to do so, the victim was fluorized by gathering glass cups on the tables and assaulted the victim.

"2017 Highest 3999"

1. On March 5, 2017, the Defendant: (a) entered a restaurant of “G” operated by the Victim F in Jung-gu Seoul, Jung-gu, Seoul, for damage on March 5, 2017, around 20:10; and (b) opened 23 plastic contact with the market price of KRW 36,800, a total market price owned by the victim on the ground that the victim refused to sell it.

Accordingly, the defendant has harmed the utility of property owned by the victim.

2. On March 9, 2017, the Defendant damaged the property on the floor of March 22:35, 2017, by entering the upper part of the “J” operated by the victim I in Jung-gu Seoul, Jung-gu, Seoul, the Defendant destroyed three sirens at the market price equivalent to KRW 4,500, which was the victim’s possession, without any justifiable reason.

Accordingly, the defendant has harmed the utility of property owned by the victim.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each written statement C, K, and I;

1. Each site and photographs of damaged articles;

1. Application of the written estimate statutes;

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act (the point of damage to property) and the choice of imprisonment with prison labor for the crime;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed each of the instant crimes during the period of suspended execution, and the Defendant did not recover from damage.

The degree of damage is not so severe that some victims are not punished by the defendant.

In addition, the defendant's age, sex, and motive and motive of the crime.

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