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(영문) 제주지방법원 2016.08.31 2016고단1165

특수폭행

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 March 1, 2016, around 22:30, the Defendant took care of the victim’s face by hand and drinking while taking care of the victim due to the occurrence of 305 DNA telecom in Jeju, and the victim E (34 tax).

On the other hand, the defendant continued to reside in the above telecom 303 heading room where the defendant was living (20cm in length of the knife) and took over the above excessive amount on the left hand and pushed over the part of the victim by pushing over the knife the part of the knife of the knife of the knife, and added the knife to the knife of the knife on the part and the part of the knife, and added the knife to the knife of the knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on investigation (the telephone conversations between the persons of wooden nature) and the list of reported cases in 112;

1. Application of the relevant laws and regulations of photographic pictures, excessive drawing, and detection of excessive blades

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act are as follows: The sentencing range [the scope of punishment for violent crime group, violence crime, six types (special violence committed habitually), mitigation area, imprisonment from April to February], and the following circumstances are considered: recognition of facts of crime and reflects the circumstances favorable to the sentence as ordered: the victim does not want criminal punishment against the defendant by smoothly agreement with the victim; the victim was committed by assaulting with the victim by causing excessive restriction, which is a dangerous object, to the extent that it is not proper to be punished in light of the applicable criminal law; the crime was committed on November 1, 2007; the crime committed for a period of two years and six months and six months, which was sentenced to imprisonment with prison labor due to forcibly taking money out on November 1, 2007; and the circumstances and circumstances of the crime of this case.