beta
(영문) 수원지방법원 2019.09.27 2019고단2745

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 26, 2019, the Defendant: (a) was arguingd on the ground that the victim D (29 years of age) did not follow the order in the process of loading and unloading dump trucks loaded on the dump truck, and caused the victim to take a bath, such as dumping and baling off, etc.; (b) caused the victim to take a dump truck from the dump truck; (c) caused the victim to take a dump truck by cutting off the dumber (not less than 40cm in length) which is a dangerous object kept on the Defendant’s dump truck, and landed the victim’s left part by turning it on dump and sumping the victim’s hump with the victim’s hump (not less than 40cm in length) at one time, and then, caused the victim’s hump to the left part by turning it on the left part of the hump.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (i.e., the violation of confession and the smooth agreement with the victim), which shall be taken into consideration);