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(영문) 청주지방법원 2017.11.22 2017고단1293

특수폭행등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of 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. Around February 28, 2017, the Defendant: (a) obstructed the victim’s e (60 years) who was eating tobacco at a “D” restaurant located in Cheongju-si, Cheongju-si; (b) expressed that the victim’s e (60 years of age) was aware of smoking tobacco at the side while smoking tobacco at a “D” restaurant located in Cheongju-si, Cheongju-si, Cheongju-si; and (c) expressed that the victim was able to sat down the tobacco, and that the sat down “sat down the sat down,” and carried with the victim a dangerous object by killing the fla

2. In the case of the above paragraph 1, the injured Defendant 1, on the front day of the restaurant near a day-to-day square, spawn and spawn together with the injured party for the same reasons as the above paragraph, followed the victim’s spawn, etc., and spawned the victim beyond the floor, thereby taking care of about 10 days for the injured party.

Summary of Evidence

The application of Acts and subordinate statutes to witness E, F, and G's protocol of interrogation of the police to the defendant's partial statement of the defendant (the statement to the effect that tobacco smoking was disputed within the victim and the restaurant) and the police's protocol of questioning of injury to the F

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) and 257(1) (a) of the Criminal Act concerning criminal facts, the selection of punishment for imprisonment;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including violence, are highly likely to be subject to criminal punishment.

It is not against one's own crime.

Damage has not been recovered.

The sentencing factors in favor of the defendant are the victim's smooth resolution rather than punishment for the defendant.

Other punishment shall be determined in consideration of the sentencing conditions, such as the defendant's age, sex, environment, etc.