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(영문) 의정부지방법원 2018.08.22 2017고단5901

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

[criminal records] On April 13, 2017, the Defendant was sentenced to four months of imprisonment with prison labor due to special assault, etc. at the District Court of Jung-gu, and completed the execution of the sentence on July 8, 2017.

[2] On October 8, 2017, the Defendant passed through the road of the victim D (52 tax) located in Sacheon-si, Sacheon-si, Sacheon-si, 19:46 on October 8, 2017, on the ground that the victim was forced not to pass the land owned by the Defendant’s dong E and passed through the land owned by the Defendant.

“Around 2 meters in length) in the surrounding areas, each of the necks (two meters in length) had been raised towards the victim.

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

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Written statements prepared in D;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (verification of the period of suspect A repeated offense);

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. From the end of 2015, Article 35 of the Criminal Act for aggravated repeated crimes: (a) in consideration of the fact that the same victim committed a crime against the same victim during the period of imprisonment without prison labor and three months after release, even though he/she was sentenced to repeated punishment for the same victim from the end of the year 2015 and was sentenced to rapid punishment, the execution of the sentence may not be suspended because of the period of repeated crime): Provided, That the sentence was set in consideration of the fact that the victim appears not to have been injured and that the recidivism was committed in favor of the defendant, taking into account the circumstances favorable to the defendant.