(영문) 울산지방법원 2019.11.22 2019고단2394

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(영문) 울산지방법원 2019.11.22 2019고단2394

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

At around 13:35 on May 15, 2019, the Defendant: (a) claimed that the victim C was “not immediately able to open the dog,” and (b) claimed that the victim C was “not immediately able to open the dog,” and (c) claimed the victim’s fluent bluent bluent bluent bluent bluent, which is a dangerous object; and (d) found the victim on one occasion of the bluent blue.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reporting on occurrence of a crime;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos 5 and 8);

1. Relevant Articles of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Imprisonment);

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the Course of Education lies in the circumstances that are disadvantageous to the defendant, such as the following: (a) the nature and form of the crime is dangerous and dangerous; (b) the occurrence of serious human life damage caused by the crime; (c) the elderly female victims suffered considerable fear and mental shock; and (d) the responsibility for the crime in this case is not easy; and (c) the possibility of criticism is not small even if there was the history of punishment for the same violent crime; (d) the Defendant committed the crime in this case; (e) it appears that the Defendant was aware of the crime in this case and did not reflect it; (e) it appears that the crime in this case was caused by contingency at the time; (e) the victim and the victim did not want to be punished against the defendant; (e) there was no criminal conviction exceeding the fine; (e) the health status is not good; and (e) the fact that the beneficiary is a recipient of basic livelihood security.

In addition, the age, character and conduct, environment, family relationship, motive and consequence of the crime, the circumstances after the crime, etc. are all the conditions of sentencing as shown in the records and arguments.

참조조문

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