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(영문) 의정부지방법원 2018.10.19 2018고단2481
특수폭행등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. A special assault: (a) on March 16, 2018, the Defendant: (b) purchased the victim E (56 years old)’s head by drinking at D stations located under Guri-si C, Guri-si; (c) calculated twice the victim’s head by taking the two main disease, which is a dangerous object on the table, in his/her hand.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On March 16, 2018, the Defendant: (a) assessed the victim’s face face on three occasions with a blick belt belt part, which is a dangerous article with the victim’s loss, and the victim’s face part, i.e., the victim, who was seated on the street in front of the “F” located in Guri-si, Siri-si, Mari-si, on three occasions; and (b) the victim’s face part, i.e., hand and drinking.

As a result, the defendant carried dangerous objects and inflicted injury on the victim, such as the left-hand flasing of the upper-hand body requiring treatment for about five weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A report on investigation (a statement by a wooden person);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to take photographs damaged by the victim E-Assaults, photographs of parts damaged by the victim's special injury, and visual images of on-site CCTV images;

1. Articles 261, 260 (1) (a point of special assault) and 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for a crime of special assault selection of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders are as follows: (a) the Defendant, as indicated in the judgment, took the head of the victim’s salary level with both sides, which are dangerous objects, as stated in the judgment, and (b) the method of the crime and the attitude thereof are plebling to the risk

In addition, the defendant committed the crime of this case.

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