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(영문) 대구지방법원 2016.10.20 2016고단3606
특수폭행등
Text

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

The defendant is a neighbor who resides in the upper house below apartment house such as the victim C(54 years of age).

1. Around 04:30 on May 27, 2016, the Defendant: (a) prepared to prepare a watch room, which is a dangerous object, for the victim’s reason that water was satisfyd in the benda; and (b) sought the victim’s house entrance door several times; and (c) threatened the victim with the door door to “patch so as to be unsatfyed by opening, going to be satched in the benda,” thereby threatening the victim to “satisfying the benda,” and “the victim satisfying the water,” and confirming that there is no satching in the use of the water from the benda in the benda, thereby threateninging the victim’s entrance to the benda and destroying the benda, and threatening the victim’s head and satching it into the benda.

2. The Defendant destroyed and damaged property damage by the act, such as the date, time, place, and place described in paragraph 1, the entrance and exit of an amount equivalent to KRW 385,00,00 owned by the victim, auxiliary key, electronic key, safety height, Doknk, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of the records of seizure, estimates, and photographs;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 366 of the Criminal Act ( point of destruction and damage of property), 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. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act (amended by Act No. 48 (1) of the Criminal Act) is based on the aggravation of multiple offenders who have no basic area (amended by Act No. 1000), including types 6 (Habitual Offense, Habitual Offense, Special Violence) and basic area (amended by Act No. 1060, Jan. 1, 200) (amended by Act No. 1060, Apr. 1, 2006) (amended by Act No. 1060, Apr. 2, 2006).

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