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(영문) 부산지방법원 2017.07.12 2016고단3374
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. The Defendant, at around 18:15, on May 21, 2016, wanting to kill the victim D (53) by entering the above office under the influence of alcohol, on the ground that he did not lend the mobile phone of the victim D (53).

"In doing so, assaulted the victim's face at one time as drinking while taking a bath."

2. The Defendant damaged property at the time, place, and at the time, place as described in paragraph 1, the victim D had an interest of the Defendant out of the damaged office, and damaged the office entrance and exit doors equivalent to 2.90,000 won, which are the market price of the victim’s ownership.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against D;

1. Investigation Report - Application of field photographing legislation

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 366 and 260 (1) of the Criminal Act concerning the choice of punishment (Selection of Imprisonment with labor);

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 crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is disadvantageous in consideration of the following facts: (a) although the defendant was committed several times of the same kind, he assaulted the victim and damaged the entrance door of the office owned by the victim; and (b) the damage was not recovered.

However, it is against the fact that property damage is recognized, the degree of damage caused by violence and property damage, and other conditions of sentencing as shown in the records, such as the defendant's age, sexual conduct, family relationship, and circumstances before and after the crime, shall be determined in the same manner as the order.

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