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(영문) 의정부지방법원 2018.02.08 2017고단4469

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 July 25, 2017, around 23:00, the Defendant drinking alcohol together with the victim C (48 years of age) at the Maan-do 66-ro, Nam-do, Namyang-si, Yan-do. The Defendant: (a) drinking alcohol together with the victim C (48 years of age); (b) dumping the victim’s chest; (c) dumping the victim’s chest; and (d) dumping the victim’s face; (b) dumping the victim’s flap; (c) dumping the victim’s face; (d) dumping the victim’s flaf; and (e) dumping the flaf’s face;

was made.

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

Summary of Evidence

1. Each legal statement of the witness C and D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Photographs;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes concerning non-applications for punishment;

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. The basic area of sentencing guidelines for the sentencing of Article 62(1) of the Act on the Suspension of Execution is that there is no person who is subject to a special sentencing [the scope of the recommended punishment] of Category 6 of the Act on the Punishment of Violence Crimes [the sentencing guidelines] [the sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act]. The defendant paid 30,00 won to the victim under the agreement at the investigation stage in consideration of the following: June - October 1, and the victim's statement of injury to the victim was placed at the third party, despite the victim's statement of witness of the crime, despite the victim's payment of the agreed amount, the defendant is consistent with the denial of the crime; the victim's degree of violence and the degree of damage is more serious; the victim's retaliation is being taken into account; the victim's victim's response is being taken into account; however, the defendant paid 10,000 won to the victim under the agreement at the investigation stage (the victim's statement that the defendant and the victim in court was agreed with the victim).