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(영문) 수원지방법원 2017.09.13 2017고단3655
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 25, 2017, at around 16:00, the Defendant damaged a special property: (a) in front of the HP operated by the party related to the internal combustion in Suwon-si F on May 25, 2017 by the victim G (the 38 years old), the Defendant: (b) first, when the victim, who entered the door, was unable to enter the military unit; and (c) when he was unable to enter the military unit, the victim, who was operating a waste collection shop in the above place, she borrowed the hurber from the I, who was operating a waste collection shop in the middle of the said place; and (d) caused the hurb by getting off the part, which is an object dangerous to the entrance, by removing the hurb.

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

2. On May 27, 2017, when the Defendant was engaged in the installation of a brush at the H A shop around 13:48 on May 27, 2017, the Defendant collected a saw (a 20cm length, approximately 30cm in total length) that is a dangerous object that had been placed on the floor of the brush, such as the victim’s brushing of the brush and bruing of the brush (the brush length and approximately 30cm in total length).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. The result of watching CCTV images;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions of the Criminal Act and Articles 369(1), 366, 261, 260(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment for each of them;

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. Suspension of execution under Article 62(1) of the Criminal Act - Circumstances unfavorable to the reason for sentencing (a favorable consideration of the reason for sentencing) - The defendant has the record of having been punished several times for the same kind of crime. The favorable circumstances - the defendant recognizes all the criminal facts. The victim does not agree with the victim to punish the defendant any longer. - The victim’s act does not take into account the circumstances before and after the crime where the victim did not have physical damage, etc.

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