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(영문) 전주지방법원 2015.12.23 2015고단1873
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 52) were internal relations.

On October 21, 2015, the Defendant: (a) filed a large claim on the ground that the male relation of the victim was complicated; (b) tried to arrange the internal relationship with the victim; (c) took a hump of the victim, such as “D” in Kim Jong-si, Kim Jong-si, and “Seaker,” and used a hump to the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of B and E;

1. Application of the Acts and subordinate statutes to report internal investigation (the case of photographing a photograph of a juvenile);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act / [Scope of recommending punishment] The scope of sentence under Article 62 (1) of the Criminal Act shall be mitigated (Habitual, Cumulative, and Special Violence) [Special Mitigation] (Article 62 (1) of the Criminal Act / [Article 62 (1) of the Criminal Act / Where punishment is mitigated (Article 4-1 and 2] or considerable damage has been recovered (including voluntary efforts to recover damage) or considerable damage (Article 66 months of imprisonment with prison labor, 6 months of suspended sentence:

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