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(영문) 서울남부지방법원 2017.02.16 2016고단5522
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

1. The Defendant was assaulted on or around October 2, 2016, along with a route near “F cafeteria” located in Guro-gu Seoul Metropolitan Government, on or around October 2, 2016.

D 1) The victim G (the 51 year old) who observed such a fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor fluor flus

2. The Defendant damaged property by inserting signboards owned by the victim, installed in the front of the “I cafeteria” operated by the victim H in the vicinity of the “I cafeteria,” on the ground that the time and place set forth in paragraph 1, as seen above, appeared during the use of violence, thereby damaging the amount of approximately KRW 2.80,000 in repairing cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Written statements of D, H and G;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 260 (1) of the Criminal Act applicable to the crime (Assaults);

In this regard, Article 366 of the Criminal Act (amended by Act No. 366)

O. Imprisonment selection)

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. Reduction according to the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] [the grounds for sentencing under Article 62(1) of the Criminal Act / [the scope of recommendation] 1] Violence (Type 1: February to October 2): the basic area for the destruction of property / [the grounds for the destruction of property : April to October (the grounds for special sentencing / 10)] and the grounds for mitigation (the grounds for punishment : 1/2 of the upper limit of the punishment among the areas for the crime of destruction [the treatment of multiple crimes]] shall be added to the area for the crime of violence: February to January 1 [the decision of sentence]; the motive and background for the crime in this case; the degree of the exercise of violence; the circumstances in which the defendant mistakenly recognized his mistake; the circumstances in his mistake; the defendant's age, sex, power of the victim; and the circumstances in which the victim was not injured after the crime (the circumstances in this case).

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