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(영문) 대구지방법원 의성지원 2016.11.17 2016고단191
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

At around 03:00 on July 6, 2016, the Defendant: (a) stated that the Defendant was living in B-1st underground floor C, at the time of macroscison, that “the Defendant was suffering from why she was found”; (b) avoided the ice lease, which is a dangerous object in the location of the victim E, who is the customer, and used the ice lease, which was a dangerous object from the victim E; (c) was frighted to the head of the victim E; and (d) destroyed the victim’s f’s market value, which is the main point of the above f’s share of KRW 350,00 and 2.10,000,000,000,000 won.

Accordingly, the defendant, carrying dangerous things, assaults the victim E, and damaged the victim F's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement of the E, G, and F;

1. Application of Acts and subordinate statutes to receipts;

1. Article 261, Article 260 (1) of the Criminal Act (the point of special violence, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying and damaging property 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

(a) Type 6 (Habitual Offense, Cumulative Offense, Special Violence) is mitigated area (4 to one year and two months) (special mitigation area) (excluding a person to be specially mitigated), and is not subject to punishment;

(b) The mitigated area (one to six months) (special mitigation), which is the general standard for damage to property (the scope of recommending punishment).

(c) The scope of final sentence due to the aggravation of multiple offenses: April to May;

2. Determination of sentence: 10 months of imprisonment, 2 years of probation, and 2 years of probation, despite the fact that the defendant again committed the instant crime even though he/she had been punished several times due to the same kind of violent crime, the defendant's mistake is unfavorable to the defendant, or the victim does not want the punishment of the defendant.

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