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(영문) 광주지방법원 2017.12.15 2017고단4558

특수폭행

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

[Criminal Records] On June 21, 2017, the Defendant was sentenced to a suspended sentence of 6 months of imprisonment with prison labor for a special building intrusion at the Gwangju District Court, and the judgment became final and conclusive on the 29th of the same month.

[Criminal facts] From August 30, 2017 to around 16:42 of the same day, the Defendant cited a steel monst strawer (30cm in length) which is a dangerous object before the house of the victim D(the age of 29 years) of the 101 OO apartment in Gwangju Mine-gu, Gwangju from around 16:20 on August 30, 2017 and caused damage to the Defendant.

“Along with sound, the victim’s studs the studs of the studs of the victim, and as such, the victim leads out of the studs of the studs of the studs of the studs of the studs of the victim.”

was made.

Accordingly, the Defendant, while carrying dangerous objects as above, assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about the history of an on-site photographic crime against D in the police statement;

1. Article 261 of the Criminal Act and Article 260 (1) of the same Act concerning the facts constituting an offense. Article 260 (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - the risk of the instant crime, the risk of intrusion upon a child care center and the risk of the instant crime, and the suspension of execution was sentenced as stated in the judgment of the court, and the recidivism during the suspension of execution is committed during the period of the suspension of execution. However, in light of the above circumstances and other circumstances, the sentence of this case against the Defendant, who is the person subject to the suspension of execution, is judged to be harsh, in view of the fact that the Defendant suffers from a bad mental illness and that such unstable mental state appears to be one of the causes of the instant case, the Defendant does not proceed to direct assault against the victim, the fact that the victim did not have any direct assault, the fact that it was agreed with the victim, and the fact that the Defendant supports the child living alone, as the person subject to the suspension of execution.