beta
(영문) 대전지방법원 2018.09.14 2018고단1831

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim C(46 years of age) are relatives.

On May 6, 2018, the Defendant, at a 'E' restaurant located in the large exhibition medium-gu D on May 6, 2018, the Defendant used two times the head of the victim to be a small-scale illness, which is a dangerous object that the victim was bad, on the ground that he/she was boomed with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of the defendant's age, sex, environment, motive, means and consequence of the crime, etc.

D. Unfavorable circumstances: The fact that the two copies of the victim are lost due to dangerous injury, and the nature of the crime is not good; that there are many criminal records in the same kind; that there are more favorable circumstances: the victim does not want punishment; that there is no criminal record of the suspension of execution or more;