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(영문) 의정부지방법원 2018.07.13 2018고단188
폭행등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 22, 2017, the Defendant: (a) 02:10 on November 22, 2017, the victim E (22 years old) who was his employee and the bus card refund problem prior to about 10 days prior to the date on which the Defendant used the victim's title on one occasion and assaulted the victim at one time on one hand.

On December 26, 2017, the Defendant: (a) around 23:15, 2017, at the front of the packing f in Yangju-si, the Defendant: (b) removed the clicker, which is a dangerous object of the victim I-owned car; (c) removed the clicker, which is a dangerous object of the victim I-owned car, from the front of the packing f in Yangju-si; and (d) removed the female flicker’s h. (e., 21 years old); and (c) removed the clicker, which is a dangerous object of the victim I-owned car.

As a result, the Defendant carried dangerous articles and inflicted injury on the victim H, such as brain-dead sugar that needs to be treated for about three weeks, and damaged the victim I's market price.

Summary of Evidence

"2018 Highest 188"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (related to the analysis of field CCTV images);

1. 2018 Highest 14450 photographs for the closure of a course;

1. Statement by the defendant in court;

1. Statement made by the police with regard to the victim H;

1. A report of investigation (Korean currency with the owner of J-Vehicle);

1. Investigation report (to make a statement, etc. by telephone from a victim of property damage);

1. A medical certificate;

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

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense (the point of violence), Article 258-2 (1), Article 257 (1) of the Criminal Act (the point of special injury) and Article 366 of the Criminal Act;

1. Selection of imprisonment with prison labor for a crime of elective assault against punishment and damage to property;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the heavier special injury);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Protective observation, protection, observation, etc. of the community service order under Article 62-2 of the Criminal Act;

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