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(영문) 대구지방법원 경주지원 2018.11.28 2018고단626
특수폭행등
Text

A defendant shall be punished by imprisonment for 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. Special assault Defendant is a friendly child of the victim B (66 years old).

The Defendant, at around 19:40 on August 10, 2018, at the time of the victim’s house located in Sim-si on 19:40 on August 10, 2018, the Defendant: (a) was aware of the victim’s money assistance; (b) was aware of the victim’s complaint; and (c) was fright of the knife’s knife and knife’s knife and knife’s knife and knife’s knife and knife’s knife, and

“The victim’s breath, as his hand, boomed the victim’s breath, and then boomed the victim’s breath by using one stone (floth size) which is a dangerous object on the floor of the site.

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

2. In order to avoid fighting with the Defendant, the Defendant damaged special property at the same time and place as mentioned in the above paragraph 1, and at the same time and place, two stones and one bricks, which are dangerous objects to the Defendant, were frightened by the victim’s cell windows in the entrance door of the victim’s living room in the order of order, and damaged 300,000 won of the market price of the victim’s possession.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

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(1) (a) of the Criminal Act that prescribes the choice of punishment (a point of special assault, choice of imprisonment with prison labor) and Articles 369(1) and 366 of the Criminal Act (a point of destroying special property and a 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. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, inasmuch as the Defendant exercised violence against a pro-friendly victim, the Defendant again committed the instant crime because the victim did not have been subjected to a disposition of suspension of indictment on his/her behalf.

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