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(영문) 광주지방법원 2017.12.07 2017고단3868
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. Special assault (2017 Highest 3868) on August 15, 2017, the Defendant, at around 02:15, 2017, stated that the victim E (18 taxes), who is another table customer, does not turn on before the toilet entrance in Seo-gu, Seo-gu, Gwangju, for the reason that the victim E (18 taxes) does not turn on the front of the toilet entrance, and the Defendant, “I do not have to go on the house.”

“..................... as in the Qurged curg of dangerous articles, the victim committed assault by carrying a dangerous object, such as the victim’s blurging the arms by hand, as the victim’s head twice.

2. Property damage (2017 Highest 4623) on September 26, 2017, the Defendant destroyed the vehicle by exposing the automatic door amounting to KRW 990,000,00, which is the victim’s market price, on the ground that the victim G operated by the victim G in Seo-gu, Seo-gu, Gwangju does not appear in mind in the name of the victim’s “H” household goods store operated by the victim G in Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in the G production;

1. A E-document;

1. Photographss and photographs of the victim's upper part of the body, and of the criminal implements (tour of the party);

1. Application of Acts and subordinate statutes to photographs and estimates on damage;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) (a) and 366 of the Criminal Act (a point of assault, choice of imprisonment), and Article 366 of the Criminal Act (a point of destroying property and a choice of imprisonment with prison labor) concerning the facts constituting an offense;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

A. 1 Crimes No. 1 Crimes (Assaults) No. 6 (Habitual Offense, Cumulative Offense, Special Assaults) in the mitigated area (4-1-2 months to 1-2 months), (2) in the mitigated area (including efforts to recover damage) [the scope of recommended punishment] in the mitigated area (1-6 months to 1-6 months), (2) in the case where damage has been restored to a considerable part), (1) in the mitigated area (1-6 months to 2) in the mitigated area (1-6 months), (2) in the case where damage has been restored to a certain part (including serious effort to recover damage) or (3) in the mitigated area (1-6 months).

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