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(영문) 광주지방법원 순천지원 2017.08.25 2017고단1169
특수폭행
Text

A defendant shall be punished by imprisonment for one year.

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 June 11, 2017, around 00:10, the Defendant: (a) Da main points located in C in C in the netcheon-si operated by the Victim B (L, 51) on the ground that he does not sell alcoholic beverages any more, and (b) on the ground that he does not sell alcoholic beverages, the Defendant left the victim’s left side with his writing that is dangerous articles kept in his vehicle (30cm in length x 15cm in length x 15cm in hand).

Since then, the defendant was pushed the victim with the head of the victim's head, prevented him from leaving the victim's head by shaking him several times, and threatened him with him as shown in the above Google as in the item of the above Google.

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 B;

1. Application of the Acts and subordinate statutes governing mobile photographing video CDs;

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 community service order under Article 62-2 of the Criminal Act;

1. The fact that the punishment for sentencing under Article 48(1)1 of the Confiscation Criminal Act is too poor, such as breathly drinking and assaulting a victim in knife without any special reason. On the other hand, the defendant reflects the defendant, and smoothly agreed with the victim. Although the defendant has a minor criminal record of a fine not less than imprisonment without prison labor or any heavier punishment, the defendant's age, sexual conduct, family relationship, environment, circumstances and result of the crime, etc. shall be determined by comprehensively taking into account the various circumstances shown in the arguments in the instant case, including the following circumstances.

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