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(영문) 서울북부지방법원 2019.05.16 2018고단5304
폭행등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2018, the Defendant: (a) around 17:35 on September 17, 2018, the Defendant: (b) had a string-off signboard, without any justifiable reason, equivalent to KRW 100,00 of the market price owned by the victim C (the age of 49) located in the front of the restaurant operated by the victim C (the age of 49) located in

Accordingly, the defendant damaged the victim's property.

2. 폭행 피고인은 2018. 9. 5. 17:35경 위 피해자 운영의 식당 앞길에서 위와 같이 피해자 소유의 입간판을 발로 차 부순 일로 피해자로부터 붙잡히자 양손으로 피해자의 가슴을 밀고, 손으로 피해자의 얼굴을 2회 때리고, 다리로 피해자의 배를 1회 찼다.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to damaged standing signboards photographs;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In full view of the circumstances that are favorable to the defendant, such as the fact that the defendant had been punished several times due to the same or different types of crimes for the reason of sentencing under Article 62(1) of the Criminal Act, and the fact that the defendant has not recovered from the damage inflicted on the victim, and other circumstances that are favorable to the defendant, such as the defendant's age, character and conduct, occupation and environment, and the circumstances that are conditions for sentencing as shown in the arguments and records, such as the background of each of the crimes in this case,

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