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(영문) 서울북부지방법원 2019.11.28 2019고단2105
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. On April 18, 2019, at around 12:05, the Defendant demanded “C” located in the B Apartment Building in Seoul Special Metropolitan City, Nowon-gu, to “C” that the victim D (28 years of age) who is an employee would bring about only 20,00 illness,” but the victim would directly bring about and refuse to bring about and refuse to bring about the victim, and the victim again demanded “n't bring about and to bring about n't bring about n't.e., the victim would have been able to live in several cases, and the victim's face was 5 times in his/her hand.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant causing special property damage, at the time and place set forth in the preceding paragraph, destroyed the aforementioned mobile phone by making the victim take a balglusium with two diseases as above, and by making the galgal lusium fall into the upper part of the galgal lusium 70,000 won, which was the victim’s possession, and the galglusium fell into the upper part of the galglusium 9 mobile phone.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by a victim's telephone);

1. Relevant provisions of the Criminal Act, Articles 261, 260(1) of the Criminal Act (the point of special violence), Articles 369(1) and 366 of the Criminal Act (the point of special destruction and damage), 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. The reason for sentencing under Article 62-2 of the Criminal Act, and Article 44-2(1) and (2) and Article 2-3(2) of the Medical Treatment and Custody, etc. Act is not good in that the Defendant has committed each of the instant crimes under the influence of alcohol, even though he/she had a record of punishment several times for past violent crimes.

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