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(영문) 수원지방법원 2021.02.10 2020고단7755

특수폭행

Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

The Defendant, at around 00:50 on October 4, 2020, while drinking alcohol at “D main points” operated by the Victim C (FY, 54 years of age) in Suwon-si B, the Defendant refused to do so on the past days in which the Defendant was the Defendant, thereby doing so, the Defendant does not occupy the Defendant’s sex.

At this time, death does not account for sex.

“Abstinising the alcoholic beverage in the victim’s face while speaking as “Abstinising the victim’s face, and shouldering the stink’s disease in his/her table, the victim “ dead and discarded.”

“The victim and the victim E (e.g., 54 years old) who were the employees of the above victim and the above main agent, and only one of the other main agents was flicker’s disease, and then the victim was faced with the shoulderer’s disease, a dangerous object.

Accordingly, in order to avoid the assault of the defendant, the victims were hiding into toilets for 112 reports, and the defendant re-enters into the main points for 112 reports, and the defendant led the victims to various misunderstandings of plastic materials, and to the victims containing tsus.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each on-site examination statute to C and E of the police statement protocol;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the defendant was faced with the victims of a dangerous illness, which is a dangerous object, and the nature of the crime is not good.

The defendant has a record of criminal punishment of 12 times as well as imprisonment with prison labor for violent crimes.

After having been sentenced to six months of imprisonment for the same kind of crime and completed the execution of the sentence on April 9, 2017, the Defendant issued a summary order of one million won as an injury crime on April 2018, and on September 202.