beta
(영문) 수원지방법원 평택지원 2018.01.11 2017고단1348

특수폭행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(39 years old) are those who work for daily work, and are living in a lodging room in Gyeonggi-si Down 301.

On June 10, 2017, the Defendant: (a) 01:20, around 01:20 on the ground that the victim expressed his desire to the Defendant at ordinary times; (b) her fluenced the shoulderer’s disease, which is dangerous to the victim; and (c) her fluenced the victim’s face.

In this respect, the defendant carried a shoulderer's disease, which is a dangerous thing, and assaults the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A photographs of damaged parts, and on-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- The nature of the crime of this case does not correspond to those of the victim. However, the degree of injury of the victim caused by the crime of this case is not more severe. - The defendant has no history of any particular criminal punishment other than a fine once. - The defendant is against his mistake.