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(영문) 대구지방법원 포항지원 2017.01.12 2016고단1377
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 10:50 on September 2, 2016, found cash to the victim D (47 tax) who is a bank in the case of the Saemaul Bank in the port B located in North-gu, Northern-si, Northern-si, Northern-si, North Korea on September 22, 2016.

“Before the victim made a statement, the victim assaulted the victim’s left-hand head at one time due to a fluor’s disease, which is a dangerous object that was in the main body of the victim who did not answer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photograph of damaged part of the victim;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order and Article 62-2 of the Criminal Act: The content and method of the crime, the form of the crime is highly dangerous, the agreement or the fact that the victim has not been repaid due to any other type of crime committed on one occasion prior to around 12 years: The crime is committed only once; there is no record of punishment exceeding a fine after being suspended due to any other type of crime; and the crime is committed against the defendant's age, sexual behavior, environment, and circumstances before and after the crime, other than each of the above circumstances, the various sentencing factors indicated in the records are considered;

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