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(영문) 수원지방법원 2018.07.12 2018고단1809

특수폭행

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 23, 2018, at around 20:50, the Defendant saw the victim E (51 aged) who drinked alcoholic beverage on the side table in the “D cafeteria” located in the Suwon Line C, while drinking alcoholic beverages together with the drinking, he saw the drinking in this tide. On the ground that the Defendant saw the boom (16cc in total length) which is a dangerous object on the table, and assaulted the victim’s left part by gathering it on the left hand, on two occasions.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Voluntary accompanying report and report on internal investigation:

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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 reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered favorable to the defendant among the reasons for sentencing) / [the scope of the recommended sentence] / The scope of the mitigated sentence (from April to January 1, and February) (the special mitigated person) / the scope of the compared sentence with the recommended sentence: April to January 1, 200: The sentence is a crime committed with the body of the victim, which is a dangerous object, and is favorable to the defendant, and thus, the crime is not committed in light of the risk of the method. The normal circumstances favorable to the defendant: the victim is a contingency crime. The victim is not punished. The error is recognized and there is no record of being punished in the Republic of Korea. The sentencing condition under Article 51 of the Criminal Act is comprehensive.