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(영문) 전주지방법원 2019.09.09 2019고단187
특수폭행
Text

A defendant shall be punished by imprisonment for six 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

The defendant and the victim B (the age of 57) are the workers who work in C, and are the company rent.

At around 1:20 on January 9, 2019, the Defendant requested the victim to help the victim repair the front door, etc. of the door, but the victim refused and intended to do so. However, the Defendant transferred the front door (19cm in total length, 8cm in length) of the dangerous object cited on the left hand, which was a dangerous object that he had taken up on the left hand, to a hand, laid down the upper part of the victim’s clothes, and pushed down the chest once.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes on photograph photographs of the other side and CCTV-faging photographs;

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Seoul Central District Court on October 25, 2017, which was sentenced to a suspended sentence of two years on the one-year imprisonment without prison labor for the commission of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Seoul Central District Court on November 2, 2017, but the judgment became final and conclusive on November 2, 2017, but on February 28, 2019, on

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (a repeated crime, special assault) (a person with a special appearance) [decision of sentence] The content and risk of the instant crime, the fact that there is no agreement with the victim, etc., shall be considered to be disadvantageous circumstances or the degree of damage, etc., and the execution of imprisonment shall be suspended. The sentence shall be determined as per the order, taking into account the following various circumstances: Defendant’s age, character and behavior, environment, background of the crime, circumstances after the crime, etc., and the sentencing conditions after the crime.

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