beta
(영문) 울산지방법원 2016.05.13 2016고단404

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 4, 2016, the Defendant, at around 22:50, brought a dispute on the ground that the shouldered with G in front of Ulsan-gu F, Ulsan-gu, and the victim H (18 taxes) who was a driver of G was prevented.

The defendant has become the victim with a multi-use knife (6 cm in length), which is a dangerous object that he had pushed the victim's breast at several times and was in possession of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of the police seizure protocol statutes;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The types of recommendations for sentencing guidelines: Violence crime Category 6 (Habitual, Habitual, Special Assaults): No special sentencing factor - None of the factors of mitigation - The scope of recommendations that the victim would not want the punishment of the defendant: Imprisonment with prison labor for a period of 4 months to 1 year and 2 months (the area of mitigation): None of the factors of aggravation - No factors of mitigation: A comprehensive comparison and evaluation of the reasons for suspension of execution - Where the victim carried a deadly weapon or other dangerous object and committed a crime: (the suspension of execution within five years or a fine of not less than three times): A major reason for affirmative consideration - There is no negative general consideration that the victim would not want the punishment of the defendant : A contingent crime; a serious reflective one;

2. The execution of imprisonment with prison labor shall be suspended because the criminal defendant, who is a third degree of intellectual disability, fails to properly control him/her and is deemed to have committed a crime due to the same kind of crime as additional considerations, but the criminal defendant shall voluntarily observe protection to edification and improve and prevent recurrence;

3. Determination of sentence: Imprisonment; and