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(영문) 대구지방법원 포항지원 2019.08.14 2019고단675
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:40 on February 12, 2019, the Defendant: (a) performed a bowling game operated by the victim C in South-gu, Nam-gu, Dong-gu, at a port; (b) demanded the victim E (36 years of age) and the victim F (26 years of age) to use the game; (c) reported the victim to 112; (d) tried to leave the victim F with a monitor, which is a dangerous object located therein; (d) took a calculating machine and card signature tag on the floor; (d) one time with the victim F’s face, which was dangerous to the Defendant; (e) one time with the victim’s face; and (e) the victim’s face, she continued to take the victim’s face, and (e) reported the victim’s face, and (e) the victim took the victim’s face, and (e) the victim she continued to take the victim’s face, and (e) took the victim’s face, and (e) took the victim’s face outside E.

Accordingly, the defendant, carrying dangerous articles, assaulted victim F and victim E, and damaged a card signature tag equivalent to approximately KRW 50,000,000 in the market price owned by the victim C, and one calculating machine equivalent to KRW 10,000 in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the details of transactions, each photograph, CCTV CD-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261 and 260 (1) of the Criminal Act ( point of each special violence), Article 366 of the Criminal Act ( point of each destruction of and damage to property), and choice of imprisonment with prison labor;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The basic area ( April to October) of the sentencing guidelines is the scope of the first crime (component punishment) (component punishment) of the sentencing guidelines. The basic area of the crimes of assault and assault are the six types (Cumulative Offense, Special Violence).

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