beta
(영문) 수원지방법원 평택지원 2016.10.20 2016고단1490

특수폭행

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2016, around 18:53 on July 10, 2016, the Defendant: (a) performed drinking together with the victim D (year 41) while drinking alcohol; and (b) took a dispute with the victim, and (c) took the face of the victim by hand, and (d) took one time the head of the victim was the victim’s disease, which is a dangerous object of the consignee.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. On-site and photographs of violence;

1. Application of the CCTV image and photograph Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. As a crime committed in the course of sentencing under Article 62(1) of the Criminal Act with only the cause of sentencing under Article 62(1) of the Act on the Suspension of Execution, the punishment for the crime is not light, but rather, considering the following: (a) the victim who gets involved in the crime by walking the vision expenses; (b) the victim was not injured; (c) the victim was not injured; (d) the victim did not have any criminal record for the same kind of offense; and