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(영문) 부산지방법원 서부지원 2018.07.25 2018고단383

특수폭행

Text

A defendant shall be punished by imprisonment for four 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

At around 07:30 on January 26, 2018, the Defendant asserted that the victim D (41) who was driving a C taxi near the Dog apartment in the direction of the Defendant while driving the Dotoba, was now going to go to the direction of the Defendant, and the victim proceeded with the victim of the said Dog in the direction of the victim. After the victim continued to go to the front part of the Dog in the front part of the Dog, the victim proceeded to the front part of the Dog, the victim was driving to the front part of the Dog, and the victim proceeded to the front part of the Dog by driving the said Dog in the front part of the Dog.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on photographing photographs, such as a report of investigation (booms, video, etc.) and a photographic image of a black stuff;

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. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of assault crimes subject to recommendation according to the sentencing guidelines and the mitigation area (Habitual, repeated, and special assault) (4 months to 1 year and 2 months) (including special mitigation persons) of the mitigation area (including serious efforts to recover damage);

2. The Defendant, who has been sentenced to punishment for violent crimes, once several times, once again commits the instant crime, takes into account the favorable circumstances such as the fact that the Defendant again committed the instant crime, and the fact that the Defendant recognized the instant crime, and that the victim is not willing to be punished, together with the consideration of the favorable circumstances, such as the fact that the Defendant committed the instant crime, and the fact that the victim does not want to be punished. In addition, the sentence shall be determined as ordered by