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(영문) 광주지방법원 2017.08.24 2017고단35
특수폭행
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant and the Victim C (V, 50 years old) are between the two parties: “E essential points” located in the Southern Jin-gun D and the entertainment service provider as an entertainment service provider.

At around 01:50 on March 26, 2016, the Defendant gave a warning to the Defendant on the ground that the victimized person was acting without permission for an employee who has a lot of age at the main point of the above E (E). It was difficult for the Defendant to do so with the victim.

After that, the injured party was living alone 6 times a week in the above E E E where the injured party was in contact with the defendant and the defendant, and the defendant did not look at the 6th hole and went to the above 6th hole, and the victim was making a serious sound to the purport that "Ie Ie Ie Ie Ie Ie Ie I" the victim was "Ie Ie Ie Ie Ie Ie Ie I", and the victim was able to face of the victim, which is a dangerous object on the the table. The victim got out of this, and the victim led to the victim again, and the defendant got to the victim.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C and F’s legal statement (C and F’s each statement is consistent, specific, and false even when taking charge of punishment for perjury in light of the Defendant’s act and the circumstances before and after the commission of the crime, and the attitude of the testimony in this Court;

Since it is difficult to view all, credibility is recognized.

Application of Statutes

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the area of mitigation ( April to one year and two months) (the area of mitigation) (the area of special mitigation) of six types of assault crime (Habitual, repeated crime, special assault) and the area of mitigation (the area of special mitigation) is not subject to punishment;

2. Following the sentence of sentence, the age, sex, environment of the defendant, and the circumstances and results of the instant crime, following the decision of sentence.

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