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(영문) 의정부지방법원 고양지원 2017.09.21 2017고단2012

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 June 28, 2017, around 16:05, the Defendant opened 2 artificial bridges (45cm x 15cm, 50cm x 15cm x 15cm x 15cm x 15cm hereinafter referred to as “h pipe”) on the street in front of the building in Gyeyang-gu Seoul Metropolitan City, Seoyang-gu, Seoul, without any particular reason, from the victim C (56 years) and the hacks made up of the hacks located at the adjacent bus stops in the adjacent bus stops, and then opened the hack pipe, which is a dangerous object, to the victim, and entered the victim’s right hacks with the hacks.

Accordingly, the defendant assaulted the victim with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as photographs of victims;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendations] The basic area (from June 1 to October) of the six types of assault crime (Habitual repeated crime, repeated crime, special assault) / [the decision of sentencing] has been committed by the Defendant since 2002 as the instant crime.

The crime of this case was committed by the defendant with a pipe without any motive or reason, and the nature of the crime is very bad.

The defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, and all of the sentencing conditions identified in the records of the case and the trial shall be determined as ordered in consideration of the same kind of punishment.