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(영문) 광주지방법원 순천지원 2018.12.20 2018고단1782

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 30, 2010, the Defendant was sentenced to six years of imprisonment due to assault, etc. in the Gwangju District Court's Netcheon Branch, and completed the execution of the sentence on August 28, 2016.

The Defendant, at around 14:50 on July 3, 2018, 14:50 on the ground that the Defendant drinking alcohol, such as the Victim D (53) at “C main point” located in Macheon-si B, 2018, referring to the victim’s dry prevention. The Defendant, who was a dangerous object at the same time, was discharged from the part of the victim’s head.

Accordingly, the defendant assaulted the victim with a dangerous object as a main disease.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs;

1. Previous convictions in judgment: The application of inquiry statements and the Acts and subordinate statutes on personal acceptances;

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

1. The sentencing of Article 35 of the Criminal Act for aggravated repeated crimes is based on the following factors: (a) the criminal history of the defendant (the same type of repeated crime, etc.), the nature and risk of the crime of this case; (b) the degree of actual damage of the victim; (c) the victim’s intent to punish the crime; (d) the circumstances after the crime; (e) the defendant’s reflectivity; and (e) the family relationship, etc.; and

It is so decided as per Disposition for the above reasons.