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(영문) 인천지방법원 부천지원 2018.11.23 2018고단2085

특수폭행

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

On July 21, 2018, the Defendant: (a) opened a new construction site in Seocheon-si B around 08:36, on the ground that noise was serious; (b) opened a pipe, which is a dangerous object on the floor of the said construction site, and opened up to the said construction site; (c) laid the pipe to the victim D while taking a bath to the victim D; (d) laid down a stone, which is a dangerous object on the floor towards the victim D; and (d) threatening the victim D by cutting down several times, and then harming the victim D; (d) laid down a stone, which is a dangerous object to the victim E, and was pushed up the victim E. by drinking.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Non-line pipe and franchising photo;

1. Application of Acts and subordinate statutes on pre-field CCTV images;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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. The punishment shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, sexual behavior, motive leading to the instant crime, method and degree of exercising force, and other factors favorable to the Defendant’s reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act (the Defendant appears to reflect the Defendant’s recognition of each of the instant crimes, the victims do not want the Defendant’s punishment); the unfavorable circumstances (the quality of the instant crime is not good while the Defendant carrying dangerous things, and the Defendant has a record of seven times criminal punishment for violent crimes), and other factors, including the circumstances after the commission of the crime, etc.