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(영문) 광주지방법원 순천지원 2017.05.31 2016고단2503
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 21, 2016, the Defendant: (a) around 02:0 on September 21, 2016, on the ground that the Defendant was aware of the Defendant, who was not coming from this toilet, and reported 119, the victim’s face at home, E apartment 102 Dong 903, the Defendant, the Defendant’s house located in Goung-gun, Goung-gun, Da-gun, Da, 102, and 39 years old; (b) on the ground that the Defendant was aware of the Defendant, who was not coming from this toilet, and reported 119 years, the Defendant was flicked once by drinking the victim’s face; and (c) the victim was flicked by

Accordingly, the defendant assaulted the victim.

2. The Defendant damaged property by assaulting the victim at the above time and place as above, and broken down the Handphones with the market value of 300,000 won owned by the victim on the floor.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on investigation (verification of a smartphone estimate);

1. Application of Acts and subordinate statutes to photographs of victims and damaged objects;

1. Relevant Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment imposed on heavier property damage);

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Crimes No. 1 of the grounds for sentencing under Article 62-2(1), Article 62-2(2) of the Social Service Order Act, Article 59(1) main sentence of Article 59(1) of the Act on the observation, etc. of Protection and Community Service Orders / [the type of a violent crime / [the scope of a recommendation] where significant damage has been recovered [the scope of a recommendation] mitigation area / [the scope of a recommendation area] types 1 of the crime (property damage, etc.] [the person subject to special sentencing] types 1 of the crime [the scope of a recommendation area] from one month to eight months [the scope of a recommendation area] mitigation area / [the scope of a recommendation area] mitigation area / [the scope of a recommendation area] where a significant damage has been recovered / [the scope of a recommendation area] the majority aggravated (the maximum of crimes No. 2) (the maximum of crimes No. 11/2).

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