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(영문) 춘천지방법원 원주지원 2017.07.13 2017고단454

특수폭행

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

피고인은 2017. 2. 28. 17:16 경 원주시 B에 있는 C 사무실에 피해자 D(28 세) 이 사무실 하자 보수 공사대금을 지불하지 않고 전화상으로 욕을 했다는 이유로 찾아 가, 위험한 물건인 칼( 길이 약 30cm ) 로 피해자를 찌를 듯이 위협하며 발로 우측 정강이 부위를 2회 걷어찼고, 피해자가 사무실 밖으로 따라 나와 따지자, 손으로 피해자의 뺨 부위를 때리고, 발로 걷어차고, 이어 차량 트렁크에서 절단기( 길이 약 32cm )를 꺼내

In other words, violence was committed, such as threatening victims to understand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E, F, G, and H;

1. Application of Acts and subordinate statutes to photographs, such as photographs, such as black stuffs, photographs, kniffs, and photographs and fields;

1. Article 261 of the Criminal Act applicable to the crime, Articles 261 and 260 (1) of the Criminal Act (including), and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the same Act / [the scope of punishment] is that there is no person who has a basic area (from June 1 to October) [the person who has a special sentencing] / [the decision of sentence] / although the defendant is found to be wrong, the crime committed with dangerous articles is not defective, the crime is not easy in light of risk, and the case is not easy in light of risk, and there is a history of criminal punishment several times due to violence inclinations, and it is necessary to strictly punish the crime since it was not prepared by the injured person.

However, in consideration of the circumstances, such as the fact that the victim was not a knife with a deadly weapon, and there is no record of criminal punishment beyond the fine, the execution of the sentence shall be suspended for a certain period of time by ordering community service and protection observation.

In the above circumstances, the sentencing indicated in the records, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.