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(영문) 수원지방법원 여주지원 2015.12.14 2014고단369
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2014 Highest 369"

1. On April 28, 2014, the Defendant: (a) around 21:50 on April 28, 2014, the victim demanded KRW 50,000 in advance at the D key point operated by the victim C (V, 41 years of age) in Echeon-si B; and (b) the victim abused the victim by carrying a wall and a dangerous object, such as leaving the beer’s disease on the table.

2. The Defendant destroyed the victim’s property by destroying the victim’s property, such as destroying the victim’s audio device with a face value of KRW 300,000,00 in the market price owned by the victim, which is located on the tables, without continuously participating in paintings.

At around 00:00 on June 19, 2014, the Defendant: (a) committed an assault against the victim’s shoulder by “G”, operated by the victim FF (hereinafter “FF”) in E-si, E-si, 2014, in which he/she performed a alcohol together with his/her drinking in an entertainment drinking house; (b) he/she first puts the drinking in the drinking place; (c) he/she cannot pay a payment from the victim to the drinking value; and (d) while he/she stated that the victim cannot pay a payment from the victim to the drinking value, he/she made a defect in calculating the drinking value by the credit card received from the Defendant to the drinking value; and (d) used smartphones used in his/her hand to put the victim’s shoulder.

Summary of Evidence

"2014 Highest 369"

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. On-site photographs;

1. A receipt for a written estimate;

1. "Court's statement" of the defendant in the court;

1. A protocol concerning the police interrogation of the accused;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant legal provisions concerning criminal facts, Articles 261 and 260(1) (a) of the Criminal Act that prescribes the choice of punishment, Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. In light of the reasons for sentencing under Article 62(1) of the Criminal Act, even though the nature of the crime is not weak, there is no record of the same kind of crime above the suspended sentence, and damage is serious.

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