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(영문) 부산지방법원 2018.11.14 2018고단3824
특수폭행등
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 July 19, 2018, around 01:20 on July 19, 2018, the Defendant, together with B, performed alcoholic beverages at the “E main point of the victim D operation in Busan Jung-gu, Busan.” In the process where the Defendant, as the Defendant divinged B, claimed 10 glass cups, 2 plastic cups, 3 plastic cups, and 2 plastic garbages, which were on the table, were collected.

Accordingly, the defendant jointly damaged the unclaimed property at the market price, which is owned by the victim, and damaged its utility.

2. On July 19, 2018, the Defendant is required to do so at the Busan Jung-gu Police Station G (PP) Police Station G (PP) of Busan Jung-gu (PP) on July 19, 2018.

Hah’s bath, “At present, I am locked while I am under the victim’s statement, I am under the victim’s statement so that I am under the need of liquor tax.

“I hear the word “,” and interfere with the legitimate performance of duties by police officers in relation to the prevention, suppression, and investigation of crimes, by assaulting the H’s chest by force once by his body with his own interest.

Summary of Evidence

1. The respective legal statements of the defendant and B;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Statement made by the police with regard to D, I, and H;

1. Investigation report (the sequence No. 7,16 of the list of evidence);

1. Application of each Act and subordinate statute to images and photographs;

1. Relevant Article 366 of the Criminal Act, Articles 366 and 30 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the 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 suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. are as follows: (a) the scope of punishment [the scope of recommendation] is due to the increase of multiple crimes in cases where a significant damage is restored to the mitigated area (i.e., January to June) of the mitigated area (i.e., damage of property, etc.) (i., damage of property) of the basic area (i.e., June to June), (ii) the first type (ii) the first type (i.e., June to June) of the Social Service Order Act, and (iii) the second type (i.e., damage of property) of the Act.

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