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(영문) 광주지방법원 목포지원 2019.02.15 2018고단988
특수폭행
Text

A defendant shall be punished by imprisonment for four 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 June 15, 2018, around 09:26, the Defendant assaulted the Defendant, on the ground that the Defendant stated that “the victim D(55 years of age) and the selective distribution problem in the 1st Eth floor are “the victim does not have any person to know the party,” and that “the victim is no one to know the party,” which is dangerous to the victim, was assaulted by one brick (20cm, length 10cm, thickness 5cm) which is dangerous to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (C CCTV image analysis);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Scope of Recommendation] There is no basic area of the crimes of Types VI (Cumulative Offense, Special Violence) (4-1-10 months) [decision of sentence] / The crime of this case was committed by the defendant, who was committed the crime of this case from the second floor to the victim of the second floor, and was in bad quality of the crime. Although the defendant did not agree with the victim, he did not have any record of criminal punishment, other than a fine once, confession and reflects the crime of this case, and that the victim was not injured due to the crime of this case, etc., the punishment of this case shall be determined as per the disposition, taking into account all the factors indicated in the record including the following factors.

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