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(영문) 부산지방법원 서부지원 2019.07.04 2018고단2620
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. On November 3, 2018, at around 05:55, the Defendant: (a) stated that the victim C (the 58-year old-old) was provided with an alcoholic beverage equivalent to KRW 30,000,000 from the victim, and subsequently, (b) stated that the victim made a claim against the victim by paying only KRW 15,00,000 as the price, and (c) stated that the victim’s head debt was damaged by his/her hand; and (d) tried to use the beer’s disease, which is a dangerous object in the table table that the victim took place.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant causing property damage, at the same time and at the same place, damaged the Defendant to have the entrance door of the toilet 25,000 won each time and each time of repair by the victim’s escape from the toilet.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Investigation report (related to a written estimate attached to a victim), the application of the Acts and subordinate statutes governing receipts;

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

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years and six months;

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

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6] and the elements for mitigation of repeated crimes and special Violence (Special Assault): In the area of mitigation of punishment [the area of recommendation and recommendation], the area of mitigation of punishment [the scope of recommendation and recommendation], two months to one year and two months;

B. Group 2 (Determination of Punishment) Crimes (Destruction of Property) and Damage of Property [Type 1] Damage of Property, etc. (Special Aggravation of Punishment): Penalty not [In the area of Recommendation and Scope of Recommendations].

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