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(영문) 청주지방법원 제천지원 2019.11.28 2019고단356
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 49) are the relationship between the relationship from around 2009 to the relationship.

1. On October 18, 2019, around 06:40 on October 18, 2019, the Defendant assaulted the victim, such as: (a) the victim made a phone call after drinking alcohol; (b) the victim took Cheongdong, which is a dangerous object from drinking alcohol, as his/her hand, he/she took the cryp of the body of the arms; and (c) the victim took the cryp of the body of the arms.

2. On October 18, 2019, the Defendant assaulted the victim in the stairs of the D building as indicated in paragraph (1) around 07:30 on October 18, 2019, and committed assault against the victim, such as: (a) a police officer, who was dispatched to the scene after being reported by the victim 112; (b) a person who returned to the scene after reorganization of the situation; (c) a person who gets back from the victim’s head debt; and (d) a second hand when two times a

3. The Defendant damaged the property to the extent that the repair cost of approximately KRW 200,000 was destroyed by taking away the breas used by the victim by hand while assaulting the victim at the time and place described in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs of the crime scene;

1. One copy of each photograph of the upper part of the victim;

1. Reports on internal accidents (the details of addition to the damage and destruction of property);

1. Application of the Acts and subordinate statutes on CCTV storage CDs, one copy of a investigation report (Attachment toCCTV image), one photograph of a CCTV image to capture;

1. Article 261 of the Criminal Act and Articles 260 (1) of the Criminal Act (the point of special violence, the choice of imprisonment), Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 366 of the Criminal Act (the point of causing damage to property, the choice of imprisonment), 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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The majority of crimes committed from 2 months to 10 months in the basic area of the property damage and damage in April to 1st October in the basic area of the recommended range of special violence according to the sentencing criteria.

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