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(영문) 의정부지방법원 2018.08.16 2018고단2560
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 17, 2018, the Defendant of special assault: (a) was in the D Beauty Room operated by the victim C (Woo, 43 years old) in Gyeonggi-gun B on May 17, 2018; and (b) was fluored by the victim on the ground that the victim hedgings with himself and other males, and was unable to carry out funeral services.

The dead annual death of the Si shall be discarded.

In doing so, “the victim was dead at the floor of the chemical that is a dangerous object that had been located therein,” etc., and the victim was dead at that end.

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

2. The Defendant damaged the property at the time and place specified in the above paragraph 1, where the victim’s market value was equivalent to KRW 150,000,000, and the market value was 300,000,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A report on investigation;

1. Application of Acts and subordinate statutes to a written estimate for investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, Articles 261, 260(1) of the Criminal Act that prescribes the choice of punishment, Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) From six months to ten months a year and a year 10 months a basic area (decision on the area of recommendation) of the six types (Habitual, Cumulative, Cumulative, and Special Violence) (decision on the area of recommendation) of special crimes of assault (decision on the type of violence).

(b) Type 1 (Determination of Place of Recommendation), the general standard for damage to property (determination of type), the basic field [Determination of the place of recommendation] [Scope of recommendation], four months to ten months; and

(c) Scope of recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than six months nor more than two years and three months;

3. Determination of sentence: (a) the method, mode, etc. of the instant crime and the liability for the instant crime are not less complicated;

However, the defendant is replaced by himself.

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