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(영문) 광주지방법원 2016.03.30 2015고단4808
특수폭행
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating the “Ek Center” in Gwangju-gu, Gwangju-gu, and the victim C (V, 47 years old) is a person working in the “FF Tax Vice-Chairperson” adjacent to the said car center.

around 10:00 on October 17, 2015, the Defendant: (a) opened the above gas valve, which is a dangerous object, for the reason that the Defendant loaded waste materials from the LPG gas transit vehicle for the use of oxygen at the corner of the above Sejong Deputy, for the reason that the Defendant left the gas pipe before the KG center, and caused the gas leakage by demanding that the Defendant loaded the waste.” On the ground that the Defendant got in front of the KG center, the Defendant laid down the said gas tank, which is a dangerous object, into the body of the victim, destroyed the victim into the floor and damaged the victim; and (b) the victim, “PG gas in the same year, to the extent that the Defendant did not know of it.”

Not only the law but also the dead shall be discarded.

“A person who commits an assault against the victim by carrying dangerous objects, such as threatening.”

Summary of Evidence

1. The legal statement of C and G;

1. Application of Acts and subordinate statutes to the protocol concerning the examination of suspects to the accused;

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. Article 62-2 (1) of the Criminal Act on the community service order;

1. Reasons for sentencing under Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order (not including where the scope of liability for compensation is unclear);

1. Scope of the recommended punishment on the sentencing criteria: The basic area (a decision on the area of recommendation) of the six types of violent crimes (a decision on a repeated crime) (a decision on the area of recommendation) from June to October (a decision on the type) of imprisonment; and

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), and all of the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be determined as ordered, taking into consideration the following circumstances.

Unfavorable circumstances: The circumstances in which the victim suffered considerable mental shock by spraying inflammable gas to the victim: the victim seems to have committed the crime with the aim of threatening the victim rather than directly exercising physical strength.

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