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(영문) 인천지방법원 2017.09.14 2017고단5481
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

On May 26, 2017, around 07:00, at a construction site office located in the Nam-gu Incheon Metropolitan City, the Defendant kept the victim C (60 taxes) and his father as a result of the food expenses between the victim C (60 taxes) and the public corporation, and kept the victim's face at his hand, and was in close vicinity with the victim's face.

Accordingly, the Defendant assaulted the victim by inserting dangerous objects as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. 보호 관찰 및 수강명령 형법 제 62조의 2 양형의 이유 【 권고 형의 범위】 특수 폭행( 제 6 유형) > 기본영역 [6 월 - 1년 10월] 【 집행유예 긍정 사유】 - 콧잔등에 할퀸 상처 외에 직접적인 구타에 의한 외상의 흔적은 피해자에게 뚜렷하지 아니하다.

- At the time of the Defendant’s display of the insertion, there was a considerable separation from the damaged person ( approximately 2m when the Defendant’s statement was made).

- The recent crimes committed and the recent crimes committed for a period of five years may have a great gap, especially since 2002, the changes in character and behavior improvement cannot be excluded.

- Although it was not possible to reach an agreement due to the lack of knowledge of the victim's whereabouts, it is necessary to faithfully engage in the trial and not repeat the crime.

【Determination of sentence】 The treatment within a careful society shall be considered to be appropriate, rather than serious detention in old-ages who correspond to serious principals.

Six months shall be determined by imprisonment within the scope of the recommended punishment, and the execution thereof shall be deferred for a period of two years on the condition that protection for the prevention of recidivism and take lectures.

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