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(영문) 수원지방법원 2018.06.27 2018고단1818
특수폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a company member.

A victim B is an employee of the C main office, and the victim D is the representative of the main office.

1. On January 23, 2018, the special assault Defendant: (a) around 03:00, at C main points located in E and D, the victim B (32 years of age) who is an employee, was under the influence of this alcohol; (b) when the Defendant was under the influence of this alcohol, the victim’s face was taken once a week by a shouldering the Defendant; and (c) when the victim’s head was taken one time by both main bottles, which are dangerous goods, the victim’s head was taken one time, and the Defendant’s head was taken one time by taking part in this and the Defendant’s head was blue.

Accordingly, the defendant conspireds with F to carry dangerous objects and assault the victim.

2. The Defendant damaged property at the same time and place as set forth in paragraph 1, and at the same time and place as the victim D’s purchase price of KRW 2,00,000, the sum of the purchase price owned by the victim D, 21,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, G, and H;

1. Application of field photographs, damaged photographs, customer orders, CCTV closure photographs, and video CD-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 261, 260 (1), and 30 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) Class 1 crime (Special Violence) (Scope of recommended punishment) and the area of mitigation (4 months to 1 year and 2 months) (Special Violence) for Class 6 (Special Assault) and the area of mitigation (4 months to 1 year and 2 months): Reduction element of mitigation of punishment: Nonwon of punishment;

B. Class 2 crime (property damage) (the scope of recommended punishment) is the mitigated area (one month to six months) of the general standards (property damage, etc.).

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