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(영문) 수원지방법원 평택지원 2017.07.05 2016고단2147
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. On May 3, 2016, at around 14:20 on May 3, 2016, the Defendant: (a) was in dispute with the victim F (31 tax) and the victim’s laundry due to damage during the laundry of the laund that he was entrusted with; (b) caused the victim’s breath’s bomb by hand, and applied the victim’s bat to several walls; and (c) continued the victim’s breath by drinking bat; and (d) the victim committed assault by the victim, such as flading the victim’s fat back to the laundry site by putting the victim’s fat back to the laund.

2. On the date and time of the above paragraph 1 above, the Defendant damaged the Defendant at the front of the above E-laundry specialty store, thereby driving away the victim, and as the victim would not be able to get the victim to suffer, the Defendant putting the damaged goods at the “G (State) office adjacent to the above E-mail office, and caused the victim to have the front glass on the front left of the market value of HM5 car owned by the victim parked on the road, and caused the damage by getting the victim to have the front glass on the front left of the market value of HM5 car owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made to I by the police;

1. Investigation report (CCTV investigation);

1. Application of each statute on photographs;

1. Article 260 (1) of the Criminal Act (the point of violence) applicable to the facts constituting an offense, Articles 369 (1) and 366 of the Criminal Act;

1. Selection of each sentence of imprisonment;

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 (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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

(a) Crimes No. 1 (Destruction of a punishment) (Scope of a punishment recommended) and the motive for committing a crime that may be considered in consideration of the mitigation area (4 months to 10 months) (special mitigation area) of the mitigated area (4 months to 10 months), all the types of habitual, repeated, and special damage (Habitual, repeated, special damage, etc.);

(b) Class 2 (Assaults) crimes (Scope of punishment for recommendations).

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