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(영문) 서울동부지방법원 2014.01.23 2013고단2666
폭행등
Text

A defendant shall be punished by imprisonment for six 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

[Judgment of the court below]

1. Around 16:00 on October 7, 2013, the Defendant damaged the property by making the victim c(51 years of age) and the parking problems in front of the building B in Gangdong-gu Seoul Metropolitan Government, when the victim’s left side have come to 1,00 the victim’s loss, and caused the damage to have a 5,50,000 won of the purchase price used by the victim left.

[2013 Highest 3019]

2. On October 16, 2013, around 09:05, the injured Defendant suffered injury, i.e., the number of days of treatment days, considering the victim E (the age of 41)’s face at one time, and the victim E (the age of 41) called the Defendant to get off the vehicle.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. An optician's team and receipt (2013 group3019);

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes of a medical certificate or a report confirming the degree of injury;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of destroying and damaging property: Article 366 of the Criminal Act;

(b) The point of injury: Article 257 (1) of the Criminal Act;

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. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order may require strict punishment if it is deemed that the defendant has repeatedly committed the instant crime even though he/she was punished several times for the same kind of crime.

However, the defendant is not subject to punishment of suspension of qualification or more severe punishment due to the same act of crime, the damage of the victims is difficult, the defendant repents his mistake, the defendant's attempt to punish the above victim by mutual consent with the victim C, and other age, character, character, environment, family relationship of the defendant.

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