(영문) 부산지방법원 서부지원 2017.10.23 2017고단1040

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(영문) 부산지방법원 서부지원 2017.10.23 2017고단1040

특수폭행

Text

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

Reasons

Criminal facts

At around 00:10 on May 28, 2017, the Defendant used the victim's face on the hand floor, and assaulted the victim's face by putting the victim's disease, which is a dangerous object, one time in the direction of the victim, with the victim D (the victim D, 47 years of age) who had not been given appraisal since before, and under the influence of alcohol, the victim D (the 47 years of age) who was bad before, and the victim was under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D;

1. An investigation report (as to attaching records on on-site CCTV images CDs);

1. The victim photograph, etc. [The defendant alleged that the victim was not exposed to the victim, while the CCTV images taken from the scene of the crime of this case, can clearly confirm that the defendant was fluoring the victim with the victim and fluoring him/her toward the victim. Thus, the defendant's assertion is without merit] law applicable to the CCTV images taken from the crime of this case.

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense, the reasons for sentencing chosen to be sentenced to imprisonment;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Class 6 (Habitual, Cumulative, and Special Violence) (Special Sentencings): In cases where victims also have a considerable responsibility for the occurrence of and the expansion of damage to a crime, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, the mitigated area of the punishment, the imprisonment with prison labor for four months or one year and two months.

3. When the Defendant, while making a trial expenses with the victim, was assaulted by the victim several times, he/she caused the crime of this case by leaving the boom, and some of the circumstances leading up to the crime of this case can be considered.

However, in light of the method of crime and the Gu that used the crime of this case, the defendant's crime of this case is less likely to cause serious injury to the victim.

참조조문

-형법 제260조 제1항

-형법 제261조

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