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(영문) 수원지방법원 여주지원 2018.09.21 2018고단619
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 26, 2018, the Defendant: (a) used the victim D(54 cm) for the improvement, which is a dangerous object that was located in his/her house when working as a security guard for three days; and (b) used the victim D(54 cm in length) for a dangerous object that was dismissed; and (c) used the victim D(54 cm in line with the victim’s head, which is a dangerous object in his/her guard room.

2. The Defendant damaged special property by cutting off CCTV cable lines and telephone cable lines installed in the guard room, which are dangerous objects, at the same time and place as paragraph 1, and thereby damaging the repair cost of KRW 320,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Statement made with D;

1. Application of the Acts and subordinate statutes concerning a report on investigation (a written estimate) and a written estimate;

1. Relevant Articles 261, 260(1) (special assault) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, and choice of imprisonment for a crime;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Punishment as to Crimes of Destruction of Special Property, the Character of which is heavier)

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

1. The community service order under Article 62-2 of the Criminal Act;

1. To deny some of the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the fact that the crime of this case is committed under the influence of alcohol due to the unfavorable circumstances, such as the denial of some of the reasons for sentencing, the danger of the attitude of the act of special assault, etc., the violation against the act of this case, the fact that the act of this case is committed under the influence of alcohol to resist dismissal, the fact that the victim of special assault D appears to have committed the crime of this case under the influence of alcohol, and that the victim D

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.

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