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(영문) 의정부지방법원 2017.07.27 2016고단3459

특수폭행등

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

Punishment of the crime

On August 7, 2016, 2016, the Defendant: (a) around 21:10 on August 7, 2016, the Defendant changed the Defendant’s desire to read “this weather rings” without good cause, while under the influence of alcohol at the Government-Si building C, and at around 21:10, the Defendant changed the victim D ( South, 53 years of age) with drinking alcohol; (b) after the Defendant was a dangerous thing in the kitchen, the Defendant’s left face and head part of the victim’s body; and (c) her finger, which is a dangerous thing in the Defendant’s room (No. 2107 of his/her own local prosecutor’s office, No. 2107 of his/her total length, 32cm, 7.5m of the day, and 7.5m of the back of the victim’s head.

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

On October 19, 2016, the Defendant 2016, 5690, 12:30 on October 12:30, 2016, 3:408, 408, 61: (a) the victim E ( South, 61: South, 61) who is a lessor was pushed down and released the Defendant’s animal as a corridor; (b) the transition (No. 1, 2830, 2830, 201, 2030, 2016, 201) was taken off from the knife, knife the victim as a knife.

Summary of Evidence

"2016 Highest 3459"

1. Statement by the defendant in court;

1. A summary statement of victims of D;

1. A report on investigation;

1. On the spot and photographs of seized articles;

1. The proof referred to in subparagraph 1 of the pressure No. 2107 of 2016 to the District Public Prosecutor's Office of the Republic of Korea is existing under 2016, 5690;

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the evidence No. 2830 of pressure No. 2016 to existing Acts and subordinate statutes referred to in subparagraph 1 of this Article;

1. Relevant legal provisions concerning facts constituting an offense, Articles 261, 260(1) of the Criminal Act that prescribes the option of punishment, Articles 284, 283(1) of the Criminal Act, and the choice of imprisonment, respectively;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Sentencing sentencing under Article 48(1)1 of the Criminal Act.