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(영문) 춘천지방법원 강릉지원 2016.05.20 2015고단1467
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 order 1467]

1. On September 28, 2015, the Defendant, at around 00:30 on March 28, 2015, after drinking alcohol from the main point of the trade name called “E” operated by the victim D (A. 58 years of age) “E,” the Defendant: (a) made a defect in the statement to the effect that the victim’s demand for further drinking; (b) even though the victim demanded that the alcohol be paid in advance, the Defendant cannot add the alcohol until he paid in advance the alcohol value; (c) he collected fire extinguishers, which is a dangerous object being kept there, carried the said fire extinguishing machine at the left left part of the victim, and assault the victim by carrying a dangerous object.

2. The Defendant, at the time, at the place specified in the above 1. Paragraph 1. at the place, and without continuing to do fire extinguishing, caused a static water purifier at the market price, which was owned by the said victim, before the said fire extinguisher, and damaged the static water purifier, which was located on the wall of the columns, and damaged the market price of the victim’s property.

[2016 Highest 495] On January 20, 2016, the Defendant carried a kitchen, which is a dangerous weapon that may be used for a crime, (20cm in length) at around 3:30 on March 20, 2016.

Summary of Evidence

[2015 order 1467]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each on-site photograph (2016 Height 495);

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. A detailed statement of the processing of reported cases;

1. Investigation report (to hear statements from F by telephone);

1. (Application of Acts and subordinate statutes to field photographs)

1. The point of special assaulting a relevant Article of the Act on the Punishment of Violences, etc. and a special decision on the selection of punishment: The point of net leader of property as determined by Articles 261 and 260 (1) of the Criminal Act: The point of carrying dangerous articles as determined by Article 366 of the Criminal Act: Article 7 of the Punishment of Violences, etc. Act (Selection of Imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Act on the Aggravation of Concurrent Crimes

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