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(영문) 전주지방법원 군산지원 2019.02.15 2018고단1237
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for ten months in the calendar calendar.

Reasons

Punishment of the crime

The Defendant is a person who does not have a certain occupation with the wharf title of “B wave”, which is an organization of organized violence in the following mountain regions.

1. Around 11:00 on April 20, 2018, the Defendant: (a) stated that the Defendant’s reservation from the victim E (here, 21 years old) working at the seat of Donsan City would have been cancelled by the Defendant’s promise to engage in the contact; (b) laid down a tree with a thing dangerous to the victim, and continued to gather the tree, which is a dangerous thing for the victim, in turn, at the victim E (here, 21 years old).

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

2. The Defendant causing special property damage, at the time and place described in paragraph (1) above, and at the same time and place as described in paragraph (1) above, was faced with trees who are dangerous objects to E, such as those described in paragraph (1) above, and got off the person with the above trees in a total amount of at least 400,000 won in the market price in a manner that they may be faced with other days of the

Accordingly, the defendant carried dangerous things and damaged the victim F's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Two copies of a written estimate;

1. Application of the Acts and subordinate statutes to eight females of related photographs;

1. Relevant provisions of the Criminal Act, Articles 261, 260(1) of the Criminal Act (the point of special violence), Articles 369(1) and 366 of the Criminal Act (the point of special destruction and damage), the choice of imprisonment for a crime;

1. From among concurrent crimes, if the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is applicable to the crimes of violence [the scope of recommending punishment] types 6 (Cumulative Offense and Special Violence], the basic area (4-1-10 months) (including special mitigation) of the crime (including serious efforts to recover damage), the punishment not for the crime (including serious effort to recover damage), or considerable partial damage, the second crime (excluding types 7) [the scope of recommending punishment] of the motive for the crime (excluding types 7) [the scope of recommending punishment] of the basic area (6-1-2 months), the basic area (including special damage, etc. of repeated crimes, special damage, etc.) [the scope of recommending punishment] of the crime category 1 (Special Damage and Damage, etc.] of the Criminal Act.

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