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(영문) 춘천지방법원 원주지원 2017.11.16 2017고단853
특수폭행등
Text

A defendant shall be punished by imprisonment for one year.

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

On July 20, 2017, the Defendant was sentenced to imprisonment with prison labor for six months, two years, and two years, and the above judgment became final and conclusive on the 28th of the same month, by obstructing the performance of official duties in the Chuncheon District Court's original branch.

1. On May 25, 2017, the Defendant damaged a bicycle equal to KRW 50,000 in the market price owned by the victim D with a dog (9cm in length and 83cm in total) dangerous in a residential marina located in Gangwon-do, a Crossing-gun, Gangwon-do, Seoul, which was damaged by the Defendant. The Defendant: (a) unloaded a bicycle equal to KRW 50,00 in the market price owned by the victim D several times.

2. The Defendant: 22:55 on the same day when he/she inflicts a special assault or damage to a special property, citing the above neck in the E around the Crossing-gun of Gangwon-do, and was passing by it.

F(33) The G Spouse vehicle owned by F(33) caused the victim who was moving his vehicle to wear the right whiteer, damaged the right whiteer to repair the string, and assaulted the victim who was moving his vehicle on several occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Seizure records;

1. Application of Acts and subordinate statutes to field photographs and mograph photographs;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime No. 1 (Assault) [the scope of punishment] in the area of mitigation (from April to January 1), the area of mitigation (including a person who has been specially mitigated) (including a serious effort to recover damage) [the scope of recommendation] in the area of punishment not for punishment (including a serious effort to recover damage), or where considerable damage has been restored, the crime No. 2 [the scope of punishment] in the area of mitigation (from April to October) in the area of mitigation (including habitual, repeated, repeated, special damage, etc.) [the scope of punishment] in the area of mitigation (from April to 10] in the area of punishment not for punishment (including a serious effort to recover damage), or where considerable damage has been restored.

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