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(영문) 수원지방법원 2016.05.18 2015재고단74

특수폭행

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2015, the Defendant, on around 20:07, 200 Osan City bus terminals located in Osan City, Osan-si, was on the top of the victim C (67 taxes, south) who was in operation of D Do-si, and went to the victim at Osan-si, and went to the victim at Osan-si, and went to the victim again, and took the dangerous things (22 mm in length) in his own envelope, and took the action again.

이에 이를 이상하게 여긴 피해자가 목적지가 아닌 오산시 운 암로 11에 있는 화성 동부 경찰서 오산 지구대 앞에 정차하자, 피고인은 봉투 안에서 가위를 꺼 내 피해자의 오른쪽 팔 부위를 쿡쿡 수 회 찌르면서 “ 빨리 출발하지 않으면 쑤셔 버린다”, “ 하나, 둘, 셋을 셀 동안 출발하지 않으면 찌르겠다 ”라고 말하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes governing photographs, straws and straws images;

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Although the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act had the history of having been punished by several times for violent crimes (including the previous convictions in fact), the crime of this case was committed by the defendant, citing and bruting a dangerous object, and constitutes a bad crime that threatens the safety of life and body. However, after the crime of this case, the crime of this case was smoothly agreed with the victim and bruted, and the crime of this case was committed by incidentally with the mental disease, such as ordinary disorder, etc., after considering all the reasons for sentencing, it is deemed that the defendant committed the crime of this case while being treated with a mental disease.