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(영문) 광주지방법원 2016.12.15 2016고단4594

특수폭행

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. On November 16, 2015, around 09:00 on 09:0, Defendant A demanded the victim B (the 48 years of age) who is the birth under the name of the defendant to move the house under the victim B (the 48 years of age) who was the birth in his/her own name. Defendant A, with his/her hand, had the victim knicked a knife and knife a knife (a 15cm in length) in his/her knife.

Accordingly, the defendant, carrying a knife, which is only dangerous goods, assaults the victim.

2. Defendant B, on the same date and time as, and at the same place as, the former part of the preceding paragraph (58), was set up in front of the warehouse ( approximately 93 cm in length) and got off the arms and bodies of the victim several times, resulting in an injury to the victim, such as the alley of the upper stroke, which requires approximately nine weeks medical treatment.

Accordingly, the defendant carried a pipe, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the pipe photograph;

1. Relevant Articles 261 and 260(1) (Selection of Imprisonment) of the Criminal Act; Articles 258-2(1) and 257(1) of the Criminal Act;

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Code of the Republic of Korea (hereinafter referred to as the "defendants") are not different from the previous convictions due to drinking driving for the last ten years, and Defendant B did not have any previous convictions other than the suspended sentence due to the crime of causing bodily injury resulting from special obstruction of performance of official duties for the last ten years, and the victims and their respective persons agreed to agree with each other, and all other circumstances constituting the conditions for sentencing as shown in the argument of the instant case, including the defendants' age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall