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(영문) 전주지방법원 2018.10.31 2018고단1093

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 14, 2017, at around 11:10, the Defendant, while carrying out solar-powered construction on the road in front of the residence of the Defendant located in the North west-gun, North Korea, the Defendant committed assault on the victim by carrying dangerous things, such as breaking up the body of the victim, by driving a Track, which is a dangerous object, in order to raise a complaint about the fact that the Defendant passed on the land owned by the Defendant, and preventing the passage of access vehicles at the site, and going to the road on the road, and moving to the road on the road, even if the Defendant did not stop to report the fact that the damaged person is going on the road, and going toward the road without stopping the victim’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The CD [the witness’s legal statement and the CD’s image recognizes that the defendant was booming the victim in the future while driving a Track in the future. In light of the location of the Tracter and the victim at the time of the instant case and the circumstances in which the victim got in front of the Tracter, the defendant was aware that the victim was standing in front of the Tracter, and the defendant was driving the Tracter as is.

Since it can be seen that the intention of special assault is recognized, the application of the law is also applicable.

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The instant crime is a situation unfavorable to the Defendant, such as: (a) assaulting the victim by Tracket, which is a dangerous object of the Defendant; (b) the nature of the crime is not good in light of the background and method of the crime; (c) not being agreed with the victim; and (d) the Defendant has a history of having been punished several times due to the

The extent of damage to the victim is not severe, and the victim stops in front of the course of the defendant's driving so that it was the cause of the crime of this case, etc. is favorable to the defendant.

In addition, the defendant's age, sex, and behavior.