(영문) 수원지방법원 2016.05.12 2016고단1116

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(영문) 수원지방법원 2016.05.12 2016고단1116

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 22, 2016, the Defendant retired from a dormitory No. 13:10 on 13:10 on 22, 2016, and 201 on 13:0, while drinking alcohol with the victim D (23:3) who is a partner of the company after leaving the dormitory, and drinking with the victim D (23) who is a partner of the company, and drinking the victim's face at 10 times by drinking and drinking, the Defendant was living with the victim on 19:0 meters in the face of the victim, which is a dangerous object located in the 10th of the Trost of the Trost of the Trost of the Trost.

Accordingly, the defendant carried dangerous objects and committed violence to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Grounds for sentencing under Article 261 of the Criminal Act and Articles 260 (1) of the Criminal Act (opportune of imprisonment) concerning the relevant criminal facts;

1. Application of the sentencing criteria [Scope of the recommended punishment] Offense of Violence, Violence, and Type 6 (Special Assaults) (Special Assaults) (the territory of recommendation and the sentence of recommendation]: Basic area of punishment; June -10 months;

2. Determination of sentence: Imprisonment with prison labor for not less than six months recognized the fact that the defendant has committed the crime and repented it.

The circumstances are recognized that drinking alcohol has been done contingent to the instant crime, and that the record of criminal punishment has not been confirmed.

On the other hand, the crime of this case was committed by assaulting a knife, which is a dangerous object, to the victim, and its risk is high.

In addition, in that it did not reach an agreement with the victim, the responsibility should not be strictly held.

In full view of the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, family relationship, health status, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the instant pleadings, the sentence of imprisonment is to be imposed on the Defendant.

참조조문

-형법 제260조 제1항

-형법 제261조

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