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(영문) 수원지방법원 2016.08.10 2016고단3573
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On December 27, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor due to an injury crime and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. at the Suwon Flag, and was released on July 30, 2013, and the parole period expired on September 7, 2013.

[2] On June 19, 2016, at around 03:29, the Defendant assaulted the victim E (M, 38 years of age) on the ground that the Victim E (M, E, 38 years of age) was cruel, and the wall f, which is a dangerous object, was frightened to the victim, and used the victim’s left face at one time on the hand.

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

Defendant 1, who assaulted the victim as above, stated that “I am stronger, I am dead, I am dead, I am dead,” and that “I am present the appearance of the Defendant, as seen above, in order to request help from the victim, he am out of the kitchen (not less than 31cm in total length, not less than 19cm in length, not more than 24cm in total length, and not more than 13cm in length in length) and the kitchen (not less than 24cm in total length, and not more than 13cm in length in length in front of the door.” The victim stated in the police that “I am at the time of the instant case to the seat of the Defendant on D 409 and 3 floors at D409.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current status of personal expropriations;

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. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending] Crimes of Violence Article 35 of the Criminal Act [The grounds for sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment] [the grounds for and contents of the crime committed by the defendant, violence committed by the defendant and the degree of damage caused by the crime, circumstances after the crime (the victim's prior location)] is not subject to punishment (4 months to 1 year and 2 months).

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