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(영문) 의정부지방법원 2016.10.14 2016고단3647
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 26, 2014, the Defendant was sentenced to three months of imprisonment with prison labor for special larceny at the District Court for the Defendant’s District Court on April 28, 2015, and completed the execution of the sentence.

1. Around 21:50 on June 20, 2016, the Defendant, while under the influence of alcohol, abused the victim C (the age of 56) who is a neighboring resident in front of Dongducheon-si, without any justifiable reason, and assaulted the victim, such as the victim’s her chest part of his/her chest, one time due to the decline, which is a dangerous object in the surrounding area, and the victim’s her her am and the part of his/her bridge.

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

2. Around August 28, 2016, the Defendant assaulted the Victim E (the age of 41) on the ground that the Victim E (the age of 41) was aware of the Defendant’s water surface through his music and obstructed the Defendant’s water surface from the distribution of G G G flagwon, which was in the Dobcheon-si, Doncheon-si, Doncheon-si, on the ground that he was aware of the Defendant’s music from the distribution of G G flagwons, thereby obstructing the Defendant’s water surface. In addition, the Defendant assaulted the Victim, such as the Victim’s 쇠 (the total length of 110cm, 15cm), which is a dangerous object in front of the said G flagwon’s office.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of H and E;

1. A written statement of C and E;

1. Previous records: Criminal records and other inquiries, investigation reports (verification of facts corresponding to repeated crimes A by a suspect), judgment, and application of Acts and subordinate statutes to the status of confinement of individuals;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations on the sentencing criteria: Types VI (Habitual, Cumulative, and Special Violence) for the crimes of assault from April to February of one year; the mitigation area ( April to January of one year) - Special mitigation area: the punishment source shall not be imposed;

2. Sentence;

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