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(영문) 춘천지방법원 원주지원 2017.07.13 2017고단553

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2017, at around 22:40, the Defendant: (a) at the main point in C located in C, one time and assaulted the head of the victim, as the Defendant was able to support a signboard with a iron, which is a dangerous object in front of the said business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Ten copies of on-site photographs;

1. The application of Acts and subordinate statutes to the investigation report (13) at least once;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended punishment] The ground for sentencing under Article 62-2 of the Criminal Act / [the scope of the punishment / [the punishment ] the mitigated area (4 months to 1 year and 2 months) / [the person who is subject to special mitigation] / [the decision of sentence] the commission of a crime that is highly dangerous in light of the method of crime or the part of damage, etc. / The victim was not injured, and the victim was not injured, and the victim was fully agreed in the course of investigation, so the execution of the sentence shall be suspended, but there was a history of criminal punishment, including suspended sentence, on several occasions due to violence inclinations crimes, and there was a high risk of recidivism in light of the fact that there was a history of criminal punishment of a fine as an assault even in 2016.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.