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(영문) 광주지방법원 순천지원 2016.05.04 2015고단1886
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속폭행)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On March 28, 2015, the Defendant: (a) at the home of the Victim D (FL, 70 years old); (b) the mother, who is the mother of the Mashcheon City C, around 23:50 on March 28, 2015, the Defendant destroyed special property; (c) without any justifiable reason, the Defendant shall discarded the Defendant’s “this weather year, the

”라고 욕설을 한 다음, 피해자가 “ 뭐! 씨발 년” 이라고 대꾸를 하였다는 이유로 “ 어디서 눈을 치켜

n. By explosioning and burning off, the victim’s market value in the warehouse was equivalent to 60,000 won of TV, the market value of which was 10,000,000 won of the market value of the victim’s possession, which was at the inside of the warehouse.

Accordingly, the defendant damaged the victim's property.

2. The Defendant who is in special existence of the crime of assaulting the victim refers to the loss, which is a dangerous thing continuously and continuously at the same time and place as above, and “the death and discarded.

The statement of the price shall be discarded to the shoulderer.

”라고 하면서 피해자의 머리채를 잡아 흔들어 넘어뜨려 바닥에 찧게 하고, 머리를 방바닥에 눌렀다.

Accordingly, the defendant, carrying dangerous things, assaults the victim who is still in existence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Emergency measures report;

1. Photographs;

1. Family relation certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260(2) and 260(1) of the Criminal Act concerning the choice of punishment (the point of an assault for special existence), Articles 369(1) and 366 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. For the reasons for the protection and observation of protection and the sentencing of Article 62-2 of the Social Service Order Act, crimes No. 1 [the type of determination] violent crime No. 6 (Special Assaults): Reduction element: Victims [the territory of recommendation] who continue to exist [the scope of recommendation] basic area [the scope of recommendation] from June to October 2, 10].

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