logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2016.10.25 2016고단427
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant was living together with the victim C (math, 51 years of age) from August 2012 and from around June 2016, and the victim D (math, 58 years of age) is the seat of the victim C.

1. On September 12, 2016, at around 17:15, the Defendant committed the crime against the victim D, the Defendant: (a) dumpeded the victim, standing in front of the “F” restaurant located in Chungcheongnam-gun, Chungcheongnam-gun, and rhythm, “C does not deem the victim to have met with another male, why is false; and (b) dump the victim’s hand at one time; (c) dumped the victim’s cump with the victim’s hand at one time; and (d) dumped the victim’s cump with the victim’s hand, which is a dangerous thing, and assaulted the victim by bumping the victim at the right right time of the victim’s right time.

2. The Defendant committed a crime against the victim C while putting excessive materials, which are dangerous objects in D at a time, time, and place, as set forth in paragraph (1), into hand, and used them as “I am dead,” and used them to “I am dead,” and used the victim’s right hand twice with the victim’s left hand, and assaulted the victim by breaking the victim’s neck.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. On-site and photographs of physically damaged bodies;

1. Photographs of seized articles;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of on-site CCTV-recording materials);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order is a crime of assaulting the victims while carrying excessive possession of dangerous objects, but the nature and circumstances of the crime are not good. However, the defendant is against the mistake, the defendant's agreement was reached smoothly with the victims, the crime of the same kind immediately before 15 years, and the defendant's age, character and behavior, environment, and circumstances.

arrow