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(영문) 서울북부지방법원 2018.05.11 2018고단389
폭행등
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. On November 17, 2017, the Defendant: (a) 05:00, while drinking alcohol at the main points operated by the Victim B (Y, 68 years of age) located in Dongdaemun-gu Seoul on the part of the Defendant, sees the horses that have changed from the injured party delayed time; and (b) sees that “this weather year, the same year,” and assaults the victim by using his hand the part of the victim’s neck.

2. The Defendant damaged property and caused a cre inctorities to damage the victim’s cellular phone so that he can get the victim’s cell phone to be reported to the police at the date and time set forth in paragraph 1, and at the place set forth in paragraph 1.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Relevant Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. In light of the fact that the grounds for sentencing under Article 62-2 of the Criminal Act include not less than 10 times the previous convictions for the reason of sentencing, the damage was not recovered at all, the extent of violence and damage to property is not much serious, the defendant is in profoundly against his mistake, and the sentencing conditions under Article 51 of the Criminal Act as stated in the record are all considered, and the sentence shall be determined like the order.

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