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청주지방법원 충주지원 2018.06.01 2018고단94
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 January 20, 2018, at around 23:40, the Defendant continued to assault “D”, a convenience store located in Chungcheongbuk-si, Chungcheongbuk-si, as indicated in the facts charged by the lower part dismissing the prosecution, and subsequently, the victim F (35 years of age) of the said E, who committed the above assault by the Defendant, was frighted with the Defendant’s frier, who was in danger of displaying the said assault by the Defendant, as his/her hand, carried the Victim C, who was in danger of displaying at the same place, and was frighted with dangerous things, such as making the said frier and Byung fit for the sale of the victim.

2. The Defendant damaged property at the same time and place as the above paragraph 2 of “2” by gathering 28,900 won or more of the market value of the victim G owned by the Defendant, as described in the above paragraph 2 of “2”, and then destroying the property by making the salam and salam salam salams from the victim G, which were displayed at the same time and place as the above paragraph 2 of “2.”

Summary of Evidence

1. Statement by the defendant in court;

1. Receipts:

1. Each police statement made to G, F, and E;

1. On-site photographs;

1. CCTV images;

1. A photograph of a image screen to be cut;

1. Application of Acts and subordinate statutes to the victim F photographic;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260 (1) (Special Violence, Selection of Punishment) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing guidelines set forth in Category 1 (Assaults) of the sentencing guidelines [Scope of Recommendation] In the event that: (a) the mitigation area (4 months to one year and two months); (b) the mitigation area (including serious efforts to recover damage); (c) the punishment of a person who is not subject to special mitigation; or (d) the recovery of considerable damage, the scope of the recommendation] of the special mitigation area (1 to six months) [1 months from the date of special mitigation] of the special mitigation area (1 to 6 months from the date of special mitigation) of the punishment area (including serious efforts to recover damage) or substantial damage is restored, the final sentencing scope depending on the increase of multiple crimes.