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(영문) 수원지방법원 안산지원 2016.01.13 2015고단2781
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:50 on August 30, 2015, the Defendant entered the said establishment with drinking alcohol at the entrance of the “C adults’s age” located at Ansan-si, a member of the said establishment, but the Defendant, prior to drinking alcohol and frighting at the said establishment, had the victim D, who was an employee of the said establishment, prevented the Defendant, and at the same time frightencing the victim’s telegraph, as well as the motive of “c fright, fright, frighten, fright fright.” The Defendant frightd the victim’s telegraph, and frighted the victim with a sign of plastic material, which is a dangerous object at the entrance of the said establishment, and frighted the victim with the frighten of plastic material, which is a dangerous object at the entrance of the said establishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Relevant photographs;

1. Application of Acts and subordinate statutes on the details of report of 112 case;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The basic area (from June to October 1) of six types of assault crimes (Habitual, repeated, and special assault) within the scope of the punishment recommended;

2. The age, sex and environment of the defendant, the background of the crime in this case, circumstances after the crime, etc. are committed, which reflects the decision of the sentence of punishment.

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