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(영문) 대전지방법원 서산지원 2018.05.02 2018고단199
특수폭행등
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. Around 00:40 on January 18, 2018, the Defendant: (a) obstructed a victim’s business by assaulting the victim in line with the victim’s left bow value, and obstructing the victim’s business by force, such as: (b) assaulting the victim in line with the victim’s bow value, and making the victim booming the flue of the flue, which is a dangerous object on the part of the victim, even though the victim refused it on the ground that he did not refuse it; (c) assaulting the victim in line with the victim’s blue value; and (d) obstructing the victim’s business by abusing the victim’s flue of the flue, which is a dangerous object (high 15cm, 45cm; and (e) making the customer blue of the flue of the flue for about 10 minutes.

2. On January 18, 2018, the Defendant damaged 00:40, Seosan-si B(1) from the underground D main station operated by the victim as described in paragraph (1) at Seosan-si B(B) and damaged 12 of the favorable 4,400 won of the market price and 440,000 won of the market price, thereby impairing the utility of the victim’s property by destroying 2 of the 44,40,000 won of the 44,40,000 won of the market price.

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to written estimates, field photographs, and reports on internal affairs;

1. Relevant Article 261 of the Criminal Act, Articles 260(1) (a) of the Criminal Act, Article 314(1) (a) (a point of interference with business) of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment for a crime, and the choice of penalty;

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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are recognized and divided by the defendant, and the victim does not want the punishment of the defendant, etc., and all other circumstances, including the defendant's age, environment, sex, motive of the crime, circumstances after the crime, etc., the sentence as ordered, shall be determined by taking into account all other circumstances, which are the sentencing conditions specified in the argument of this case.

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