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(영문) 청주지방법원 2017.03.16 2016고단2590
특수폭행등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. A special assault: (a) around November 5, 2016, on the ground that the Defendant made a de facto speech to the victim E (51 tax) at “D main shop” located in Seocho-gu, Seocho-gu, Cheongju-si on the ground that the Defendant made a de facto speech to the victim E (51 tax) on Nov. 5, 2016, the Defendant was suffering from the beer and beer with the beer and beer, which are dangerous things on the table.

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

2. The Defendant damaged property by brupting the victim at the time, time, and place set forth in Paragraph 1 above, and then collecting approximately KRW 200,000,00 of the market price owned by the victim F, who was in the vicinity of the said place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Application of statutes on site photographs;

1. Relevant Articles 261, 260 (1) (a point of special assault) of the Criminal Act concerning the facts constituting an offense, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, 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. The punishment is determined as ordered by comprehensively taking account of all favorable circumstances, such as the fact that there is no record of having been punished several times for the same type of crime with the reason for sentencing under Article 62(1) of the Criminal Act, the fact that there is no record of punishment exceeding the fine, including the fact that the crime was committed in light of the applicable law of the crime, and that there is no record of punishment beyond the fine; favorable circumstances, such as the fact that all victims have agreed with the victims; and other favorable conditions of punishment prescribed in Article 51 of the Criminal Act, including the age, sex, environment, motive, means

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