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(영문) 창원지방법원 통영지원 2016.08.18 2016고단771
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 7, 2015, the Defendant: (a) around 04:07, around 04:07, at the “C main shop,” located on the 1st floor of the B commercial building, and (b) during drinking together with the victim D (47 aged) and E, on the ground that the victim speaks the Defendant who takes a bath to E; (c) as his/her hand, the empty remains, which are dangerous objects on the table of his/her seat, and (d) led the victim’s face to the left-hand face of the victim.

Accordingly, the defendant assaulted the victim with an empty brut, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Application of the place of crime and the Acts and subordinate statutes governing patriarch photographs;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the injured person does not want the punishment against the defendant, and the defendant's mistake is recognized, and the defendant's age, sex, environment, circumstances leading to the crime, means and result, etc. are determined by taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, circumstances leading to the crime, means and result, and the circumstances after the crime.

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