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(영문) 광주지방법원 목포지원 2019.05.24 2019고단319

특수폭행

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2019, the Defendant: (a) around 05:00, at the accommodation of D Manpower Office where the Defendant and the victim C (the age of 38) reside in Yong-gun, Yong-gun; (b) the Defendant thought that a locker outside of the entrance was a victim; and (c) took a kitchen (the total length of 31cm, 19.5 cm) which is a dangerous object in the kitchen located in the said kitchen, and taken the kitchen, and taken the kitchen (the total length of 31cm, 19.5 cm) into the victim’s room, and she took the shape of the victim’s play in the left hand; and (d) she took the kitchen, as the victim’s face, she took the kitchen with the victim’s head “hick is a bad fright; and (d) she took the kitchen by assaulting the victim’s head on the way of the kitchen.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C, E, F, and G;

1. A report on internal investigation, the attachment of a photograph, and a damaged photograph;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Application of the investigation report (Attachment of on-site photographs), on-site photographs statutes;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act, which is, the Defendant, who entered the Republic of Korea, has committed the instant crime, and the said crime may lead to a large amount of damage, is not the Defendant’s liability.

However, considering the fact that the Defendant recognized the instant crime and reflected, and that the victim’s damage is relatively minor, the Defendant’s favorable circumstances should be considered, and the overall sentencing conditions indicated in the pleadings and records, such as the Defendant’s age, character and conduct, occupation and environment, and the background leading to the instant crime, shall be determined as ordered.