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(영문) 의정부지방법원 고양지원 2018.07.19 2018고단1342

특수폭행

Text

A defendant shall be punished by imprisonment for six 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 May 8, 2018, the Defendant assaulted the victim C (23) who is the child of the spouse in a de facto marital relationship with her mother, on May 8, 2018, at the office of the Defendant located in Gyeyang-gu B and 5 B02, and on May 8, 2018, the victim C (23) who is the child of the spouse in a de facto marital relationship with her mother, on the face and head of her mother, on the back of her face and head, on the back of her hair, on the back of her head, face, etc., of the victim on a wooden bridge, a dangerous object.

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 to photograph the victim's injury, photograph of the victim, photograph of the victim used by the victim, investigation report on the risk of recidivism of domestic violence, investigation report (the video file reading in which the victim submitted the victim), and to photograph the video images to the victim;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of punishment by law: Imprisonment for one month to five years;

2. Reduction elements of punishment [the scope of recommended punishment] Class 6 (Special Assaults) (Special Sentencing Persons): Imprisonment with prison labor for April to February.

3. Determination of sentence: The crime in this case for six months of imprisonment and two years of suspended sentence is a case of assaulting the victim by a tree reporter, etc. who is a dangerous object by the defendant, and the crime in this case is not less than the nature of the crime in light of the method of crime, etc. from 2010 to 2016; the defendant was punished by a fine once as a result of the crime related to de facto marriage and the crime related to the use of violence against his spouse in de facto marriage and the victim who is the child; the defendant was punished by a three-time non-prosecution disposition (not subject to prosecution). On September 11, 2013, the fact that the defendant was sentenced to one time a decision to send home protection cases at the senior branch

However, the defendant is recognized to commit the crime of this case, and the damaged person is not punished for the defendant by agreement with the victim.