beta
(영문) 대전지방법원 천안지원 2018.06.22 2017고단1861

특수폭행

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 24, 2017, around 07:50, at the construction site of Asan-si C, the Defendant collected iron, which is a dangerous object on the floor of the chemical, and laid down as if he had a dispute with the victim D (son, 33 years old), and construction materials, and left the bottom of the victim's left snow.

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

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of the victim and witness E;

1. The written statement of the defendant;

1. Statement made by the police against the victim;

1. Application of statutes on site photographs;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, in light of the content, risk, and the part of assault, etc. of the instant crime, the nature of the crime is not less severe, the Defendant did not receive a letter from the injured person, and the Defendant has been punished twice on or around 2010, which was a violent crime. Meanwhile, in the meantime, the Defendant had a dispute with the victim under the supervision of the Defendant at the time of his/her work at the time, and the Defendant appears to have committed the instant crime by interesting the victim’s left before the Defendant, and by predicting the defect at the time, it appears that the Defendant committed the instant crime, taking into account all the circumstances revealed in the records of the instant case and the theory of changes, the sentence is determined as per the order.