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(영문) 광주지방법원 2017.04.26 2016고단2306

특수폭행

Text

The punishment of the accused shall be determined by six months of imprisonment.

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

Reasons

Punishment of the crime

On May 17, 2016, the Defendant, at around 03:40 on May 17, 2016, brought a victim E (35 years old) who had drinking alcoholic beverages on the side of the main points of “D” located in Gwangju-gu, Gwangju-gu, and brought a single head of the victim’s disease on the ground that the victim E (35 years old) who had drinking alcoholic beverages on the side flick.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A criminal investigation report (to hear statements of damage);

1. Application of each statute on photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] [the area of mitigation [the scope of the recommended punishment] 6 types of violent crimes (special violence committed habitually) [the area of mitigation of the recommended punishment] 4 months to one year and two months;

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), and all the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be determined as ordered, taking into consideration the following circumstances.

Unfavorable circumstances: The risk of the act of posing the head of the victim due to beer's disease is reasonable.

The favorable circumstances: there is no record of punishment exceeding a fine or of punishment for the same crime (limited to the record of punishment of a fine due to drinking driving in 2008). A confession of a crime was made.

The Defendant was detained for 20 days as a result of the instant crime (in the absence of a trial, the execution of a warrant of detention).

The agreement was reached with the victim.