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(영문) 창원지방법원 통영지원 2017.08.24 2017고단473

특수폭행등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On September 15, 2016, the injured Defendant, within the main point of “C” located at C at 20:17 Scam on September 15, 2016, sought complaints from the Defendant that D worked as an employee of the said main point, and collected a beer’s disease on the table of the said main point, and carried out a scambling with the victim E, and the victim E, who was on the said main point, was scamed, was scamed with the victim E and scamed with the victim E.

As a result, the Defendant inflicted an injury on the victim E, such as light salt, which requires approximately two weeks of treatment.

2. The Defendant, as described in the above paragraph 1 at the time and place, was suffering from beer’s disease, which is a dangerous object at the above main sect, and was faced with beer E and the victim F, who was subsequently faced with the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to D or F;

1. E statements;

1. Application of investigation reports (Attachment of photographs by cutting off on-site photographs and CCTV image data), investigation reports (Attachment ofCCTV videos and to a caps) Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense (the point of harm) and Articles 261 and 260 (1) of the Criminal Act (the point of assault to carry dangerous objects);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment recommended according to the sentencing criteria of the Supreme Court;

(a) Class 1 (Crime of Bodily Injury) (Crime of Bodily Injury) (Crime of Bodily Injury) (Crime of General Bodily Harm) in the mitigated area (Class 1 to 1 year) (Specially mitigated Person)

(b) Type 6 (Habitual, Cumulative, and Special Assaults) of the Second Crimes (Special Assaults).