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(영문) 수원지방법원 2016.05.26 2016고단1225
특수폭행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 3, 2016, the Defendant was at the construction site of C apartment complex located in Young-gu, Suwon-si B, Suwon-si on March 13, 2016, and on the ground that the victim D (30 cm) said the Defendant as “mail,” the Defendant was at the site of cement brick (19cm in width, 9cm in length, 5cm in thickness, 5.5cm in thickness) of cement bricks (19cm in width, 9cm in length, 9cm in length, 5.5cm in thickness) which are dangerous things at the same location, and turned down three parts of the victim’s right head with the cement brick.

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 D;

1. The application of the Acts and subordinate statutes governing the wall and photograph of the person under consideration;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation and the provision of community service order, committed assault against the victim by placing cement bricks into the victim. In light of the content and method of the crime in this case, the nature of the crime is hot.

However, considering the fact that the defendant's mistake is recognized and against the defendant, the victim is not punishable against the defendant, etc. In addition, considering the circumstances leading to the crime of this case, the relation between the defendant and the victim, the defendant's age, sexual conduct, etc., and all the sentencing conditions as shown in the changed theory, it is ordered as per the disposition.

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