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(영문) 제주지방법원 2016.08.18 2016고단1013

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 became final and conclusive.

Reasons

Punishment of the crime

On May 15, 2016, from around 02:15 to around 02:17, the Defendant assaulted the victim's head to two-way disease, such as 'D dan Ba' operated by the victim C in Jeju, due to the drinking value, and 'D Ba Ba Ba Ba' operated by the victim C, and 'D Do Ba Do Ba' with the drinking value. The Defendant used the victim's left face part of the victim's face one time, and her head to the victim's head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A investigation report (to attach photographs toCCTV images and caps) and CCTV photographs;

1. Application of related Acts and subordinate statutes to photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Where the scope of the recommended punishment [the scope of the recommended punishment] on the sentencing guidelines is reduced [the scope of the recommended punishment] in six types of assault crimes (Habitual, repeated crime, special assault) (4 months to one year and two months), the area of mitigation (the special mitigated person] in the punishment, non-execution of the punishment (including serious efforts to recover damage), or damage equivalent to a considerable portion has been restored;

2. Determination of sentence: The defendant's age, sexual conduct, environment, circumstances leading to the crime of this case, means and result, conditions of punishment after the crime of this case, the circumstances after the crime of similar cases, and various other conditions of punishment specified in the pleadings of this case shall be taken into account; in particular, the following circumstances shall be taken into account. Disadvantageous circumstances: The defendant committed the crime of this case by assaulting the victim who is a main offender to his/her hand and abstin, and committing the crime of this case by assaulting the victim who is a main offender to his/her hand and abstin, and the victim reported to the police immediately after the police officer returned to the victim's report; the method and nature of the crime was very poor; the defendant committed the crime of this case; the defendant had been sentenced to suspended sentence of imprisonment and the punishment of fines twice for the same crime of this case; and the defendant committed the crime

The favorable circumstances: The defendant is making a confession of the crime of this case, and only with the victim.