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(영문) 대전지방법원 홍성지원 2017.02.14 2016고단898
특수폭행
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

The defendant is a person who resides in Boan-si C Apartment 104 Dong 701, and the victim D(54 tax) was a person who resides in the above apartment 104 Dong 801, and the defendant had a good appraisal on the ground that the ordinary victim was disregarding himself.

On October 11, 2016, the Defendant: (a) around 20:15, at the front of the victim’s house located in the above apartment building 104 - 801, the Defendant took a dangerous object in the influence of alcohol; (b) took a view of the victim’s front of the house; and (c) took a view of the victim’s front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door up to the victim’s floor to prevent the victim from doing so; (d) took a kitchen (29cm in total length) and excessive (23cm in total length) of the victim’s house with the victim’s house, and again, took a dangerous object such as passing through sound by opening door door door door door door door door.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each protocol of seizure and the list of seizure;

1. Each investigation report (No. 8, 11 once a year);

1. Application of Acts and subordinate statutes to field photographs, criminal tools photographs, on-site CCTV photographs;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The mitigated area (from April to January 1 of imprisonment), the mitigated area (including efforts to recover damage), or where considerable damage was restored to the damaged area (the decision of sentence] (the decision of sentence is made), the following circumstances and other conditions of all the sentencing indicated in the record, including the defendant's age, sexual behavior, environment, the circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the crime, etc., shall be comprehensively taken into account.

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