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(영문) 의정부지방법원 2017.09.14 2017고단3372

특수폭행

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 13, 2017, the Defendant: “D” in front of the bus driven by the victim E (53) at the designated stop in order to take a breath in a F bus driven by the victim E (53) on May 13, 2017, and expressed the victim without any reason under the influence of alcohol, and was seated in the back of the bus engineer “G this H,” and boomed the mobile phone, breath in his hand, was pushed with the cell phone, was pushed with the face of the victim, was pushed with the breast and head one time at the designated stop, and breathed with the dangerous object in possession, and knicked with the victim’s knick part.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. On-site photographs;

1. Application of CCTV Acts and subordinate statutes;

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. Taking into account the following factors: Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution: (a) Two criminal records of a fine for the same kind to the defendant for the reason of sentencing; (b) the failure to recover damage; (c) the defendant’s mistake; (d) the fact that the defendant committed