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(영문) 청주지방법원 2016.09.02 2015고단1280 (1)

폭행

Text

1. The defendant shall be punished by imprisonment with prison labor for five months;

2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 4, 2015, at around 05:30, the Defendant used “D” in Cheongju-si, the victim E (the 53-year-old-old-old c) to blick the victim’s blick with blick, which is a dangerous object on the floor of the parking lot, and used a stone with the victim’s face at one time and two times with the left side of the victim’s face walking.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police interrogation protocol concerning E;

1. Relevant Articles of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is the case where victims are fully responsible for the occurrence of crimes or the expansion of damage (special mitigation) in the mitigated area (4-1-2 months) (special mitigation) [decision of sentence] below the following circumstances and other conditions of sentencing indicated in the records, such as the defendants' age, occupation, character and conduct, family relationship, and circumstances after the commission of crimes. The sentence is the same as the order.

Unfavorable circumstances - having a large scale of harming people, blicking the victim, blicking the victim, etc., and blicking the victim, and having a high risk.

There are circumstances to consider the circumstance that the victim first assaultsed the Defendant and used it against it.

- there shall be no other penalty power than those subject to a fine twice.

- The defendant is able to repent his mistake.