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(영문) 서울북부지방법원 2017.03.17 2017고단74

특수폭행

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

On November 3, 2016, the Defendant took the attitude that the injured party, who was pregnant by the Defendant, consented to the her her son, at the house of the injured party C (Woo, 37 years of age) located within the Yongsan-si Building B (Woo-si) 301 on November 3, 2016, she saw the injured party's her son by her son, her son, her flading the her son, her flading the her flads by television her flading the her flads, and her fladsing the her flads of dangerous goods

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 against C;

1. Application of the Act and subordinate statutes to C’s written applications and agreements;

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

1. The Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence for violent crimes (a period of imprisonment with prison labor of Suwon District Court 2015No. 97, which became final and conclusive on February 24, 2015), even though he/she had the record of being sentenced to a suspended sentence for the reason of sentencing under Article 62-2 of the Criminal Act, and Article 59(1) main sentence of the Act on the Protection, Observation, etc. of Social Service Order, etc., of the same Act, and committed the instant crime during the suspended sentence period, and committed the instant crime without being aware of the record during the suspended sentence period, and committed an act against pregnant female-born women, such as acting in a manner that seems to be dangerous on the part of the body.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflected against the defendant, that it appears that the defendant committed the crime of this case with the victim in the influence of alcohol, and that it seems that the defendant committed the crime of this case with the victim, and that he promised to raise a pregnant baby by marriage as well as the victim.

In light of the above circumstances and other factors of sentencing as shown in the records and arguments of this case, such as the background of the crime of this case, the age, sex, and environment of the defendant, it is ordered as ordered.