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(영문) 대전지방법원 천안지원 2016.08.26 2016고단171

폭행등

Text

The punishment of the accused shall be eight months by imprisonment.

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

Reasons

Punishment of the crime

On December 27, 2015, the Defendant 171 of the 2016 Highest 171, on the grounds that the Defendant was in front of the 'C' located in Nam-gu, Nam-gu, Nam-gu, Seoul Special Metropolitan City on December 27, 2015, the Defendant was placed in the victim D (56 tax) who was working East-gu, Seoul Special Metropolitan City, for the reason that he was unaware of the Defendant who smoked the tobacco in this toilet, she was shicked to the Defendant on the ground that she was

“In doing so, the victim abused the victim, such as smugglinging the victim by hand, taking the victim’s boom, etc.

On May 4, 2016, the Defendant, at around 06:16 on May 4, 2016, 2016, 11151, was living together with the F office located in Nam-gu, Namdong-gu, Namdong-gu, and the victim G (42 tax) who was a middle school ship operator, was under dispute with the victim for a long time, while living together with the knife (35 cm in total length, 22 cm in length on the day, 35 cm in length, 22 cm in length on the ground that the knife is bad.

‘Woo,' and as it threatens, as it is.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. The defendant's statement at court (2016 highest 171);

1. D's self-written statements " 2016 Highest 1151";

1. G statements;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Photographs;

1. Application of Acts and subordinate statutes to arrest and report cases;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 260(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor, 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. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria;

A. Class 1 Crimes [Type 4] Crimes of Intimidation (Habitual, Cumulative Offense, Special Intimidation) - The elements of mitigation (including serious efforts to recover damage) - The areas of mitigation [Determination in the sphere of recommendation] [the scope of recommendation] 4 months to 1 year [the scope of recommendation] - The factors of mitigation: serious reflective [the main reasons of suspension of execution].