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(영문) 의정부지방법원 2016.09.30 2016고단2411
폭행등
Text

A defendant shall be punished by imprisonment for 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 April 26, 2016, the Defendant assaulted the victim D(51) with a view to having the victim’s reputationd while making the victim’s fat in the same building prior to the Government No. C at the time of the Government of the Republic of Korea on April 26, 2016, the Defendant fatd the victim, fating the victim, fating the bat, fating the victim into the bat, fating the fat, fating the fat, and cutting the fat on the floor.

2. In the time and place specified in paragraph 1, the Defendant destroyed the victim E-si in a way that the Defendant was faced with the cab by breaking the flaps, thereby damaging the amount equivalent to KRW 357,366 in repairing expenses, such as exchange of e-sibs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A report on investigation;

1. Application of the Acts and subordinate statutes governing violence victim photographs;

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. 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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are the first crime (defensive) [the scope of recommending punishment] of the first crime (defensives) [the scope of recommending punishment] of the second crime (defensives from February to October] of the basic area (defensives) [the scope of recommending punishment] of the mitigation area (i.e., January to June) of the first type (defensives, etc.) of the mitigation area (i.e., damage of property] of the mitigation area (i., January to June): The final sentencing scope of the mitigation area due to the aggravation of punishment of the number of non-permanent offenders: February to January 1 [the decision of sentence] of the defendant already received punishment for the same kind of crime; and there was no agreement among the victims of the crime of this case. In light of the above, there is sufficient need for strict punishment of the defendant.

However, the defendant led to the confession of each of the crimes of this case, there is no record of punishment heavier than the suspension of execution due to the same crime, and the victim of the crime of damage of this case does not want the punishment of the defendant.

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