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(영문) 수원지방법원 평택지원 2017.04.26 2016고단2612
폭행등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a victim C (V, 33 years of age) and a couple of law.

On August 16, 2016, the Defendant: (a) assaulted the victim by pushing the victim with a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife)

The phrase “the deceased” refers to intimidation the victim, and it is incidental to drinking one television for the victim and the defendant-sharing who continued to be in a ward. The victim and the defendant-sharing computer monitors and one body, two tables, one string, one string, and one string owned by the victim, and the crime of property in the market price in incidental terms is established by infringing on the possibility of using another’s property, and the amount of the goods delivered is not at issue (see, e.g., Supreme Court Decision 2005Do7288, Apr. 19, 207). In this case, there is no evidence other than the statement (the second police statement) made by the victim who is difficult to believe the market price of the damaged goods, and thus, the alteration is recognized as above.

The above television was damaged.

Accordingly, the defendant assaulted the victim, threatened the victim with dangerous articles, and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes of each police statement protocol to C and E;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment for a crime, and the choice of a penalty;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order of community service;

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