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(영문) 춘천지방법원 2019.06.18 2019고단266
특수폭행등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 01:00 on February 23, 2019, the Defendant: (a) at the main point of “D” operated by Chuncheon-si B Victim C (Y, 54 years old); (b) even after extension of time, Domin women resisted the victim’s resistance on the ground that Dominant women went out of the match; (c) was cut off and frighted to the body of the victim, fright to the body of the victim; and (d) a shouldered bed to the face of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant caused the damage of property by cutting off the tables with beer’s disease on the above grounds at the above time, at the above place, and caused the mebbble due to the glass wave, etc., cutting off the tables, cutting off two instant cups and two instant cups owned by the victim on the floor, cutting off the beer and the beer’s disease on the wall, cutting off the beer and the beer’s disease on the wall on the wall, thereby damaging the remote area and cutting off the beer’s disease on the wall, and caused the beer and the beer’s disease to be laid on the beer’s ground.

Accordingly, the defendant damaged the property of the victim who is not the market owner.

3. The Defendant, at the above time and place, did an act of disturbance over one hour while taking a bath for the foregoing reasons, and the victim had another customer who was found in the above business place return to the said business place.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to 112 reported case lists, field photographs, investigation reports (Attachment of photographs of victims);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260 (1), 366, and 314 (1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the range of recommending punishment]O.

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