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(영문) 창원지방법원 진주지원 2017.10.27 2017고단601

특수폭행

Text

A defendant shall be punished by imprisonment for six 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

On July 20, 2017, the Defendant, along with “C” in Jinju-si B around 02:50, committed assault by carrying dangerous things, on the ground that the victim appeared to have neglected himself/herself while drinking alcohol with “C” as well as D( South, 39 years of age). A beer who was a dangerous object in the place, was fluencing the victim’s head once and once.

Summary of Evidence

1. Statement by the defendant in court;

1. Diplomatic photographs;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Recommendations for the application of the sentencing criteria: Persons subject to special sentencing from April to February (the area of mitigation) shall not be subject to punishment;

2. The sentencing factors, such as the Defendant’s age, sex, environment, the circumstances, means and result of the instant case, etc., in light of the fact that the sentencing factors and the Defendant were punished by violence, and other factors of sentencing as set forth in the instant pleadings, such as the Defendant’s age, sex, environment, the background, means and result of the instant case, shall be determined as ordered