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(영문) 서울서부지방법원 2016.11.10 2016고단1396
폭행등
Text

A defendant shall be punished by imprisonment for four months.

except that 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

around 15:20 on April 24, 2016, the Defendant assaulted the victim C (year 51) at the search and transportation center located in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, on the ground that the victim C (year 51) stolen the Defendant’s goods, taking the victim’s face one time as drinking, on the ground that he/she stolen the Defendant’s goods.

around 21:50 on October 2, 2016, the Defendant damaged the property that is equivalent to KRW 1,176,650 on the back of the driver’s seat of the FST5 vehicle parked by the victim E, on the ground that the vehicle was in front of Eunpyeong-gu Seoul Metropolitan Government, and that the vehicle was in front of the D, and that the vehicle was in front of it, thereby damaging the property that is in excess of KRW 1,176,650.

Summary of Evidence

"2016 Highest 1396"

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The G's statement "2016 Highest 3167";

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Reports on occurrence, damage, and attachment of site photographs;

1. Application of the written estimate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 266 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. The grounds for the sentencing of Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Criminal Act are the following factors: (a) the scope of the final sentence due to the aggravation of multiple crimes for which there are no basic areas (4-10 months to 4-10 months), the basic areas (4-10 months), (4) the basic areas (4-10 months) of category 1 (4-10 months), the area of mitigation (40 million won or less), the area of mitigation (1-1 year), the area of mitigation (1 month to 10 million won), the area of mitigation (2) (4-1 year to 10 years), or where considerable damage has been recovered, the extent of the final sentence due to the aggravation of multiple crimes: (b) April to 15

However, the defendant has taken into account all the factors of sentencing, such as the criminal records, age, character and conduct, family environment, and circumstances leading to the crime, such as the defendant's criminal records, age, character and conduct, family environment, etc., in a favorable condition that the defendant surrenders himself to the police station for the crime of destroying and damaging property.

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