beta
(영문) 수원지방법원 여주지원 2017.06.16 2016고단226

특수폭행

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On October 14, 2015, around 12:40 on October 14, 2015, the Defendant: (a) was a victim E (73) who had drinking alcohol in front of D Posinginging in the C market in Isacheon-si; and (b) was drinking alcohol in a fake.

“A while making a word and making a vision, the body of the victim was tightly tightly tightly worn out by the victim, and the victim was collected, and the transition, which is a deadly weapon carried in the steering machine, (13 cm in length on the blade) shall be taken out.

In other words, assaulted the victim with his or her behavior towards his or her behavior.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Application of the police seizure protocol 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. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for one to five years;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended punishment] No basic area (from June to October) of the six types of assault crimes (Habitual, repeated, and special assault) (the period from June to October) (the period from January to October) is available.

3. The Defendant rendered a sentence of sentence: (a) the victim, who did not have a common sense, was able to take a trial expense and use violence against the victim who did not resist any resistance; and (b) the victim or the victim’s conduct committed an excessive act to suppress the victim’s intent to oppose the Defendant’s crime.

In addition, the Defendant was unable to receive a letter of intent from one victim until now (the Defendant was unable to reach an agreement because it was not a circumstance to prepare a mutual agreement, but the Defendant did not itself attempt to mislead the victim after the instant case. However, the Defendant’s crime is against the Defendant, there was no record of punishment exceeding the suspended execution, and there was no record of criminal punishment after 2005, etc. shall be considered as favorable to the Defendant. Furthermore, the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, etc. are considered as favorable to the Defendant.