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(영문) 대전지방법원 논산지원 2016.08.23 2016고단295
특수폭행
Text

A defendant shall be punished by imprisonment for not more than ten 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

On April 23, 2016, at around 23:00, the Defendant left a dormitory of C 203 companies located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, with the mind of strike jointly used by the victim D (42 cc). B, the Defendant 203 of the above dormitory 203, and she gets into the room of the victim and throw away the transition (21 cm in total length, 10 cm in length) which is a dangerous object (10 cm in length).

“A sound,” the victim’s Dong E, which had been living there, deducteds the Defendant from the Defendant, and took the Defendant’s room after about 15 minutes, he saw the kitchen which is a dangerous object (30cm in total length, 18cm in length) and put the kitchen in the victim’s room, puts the kitchen in the victim’s play, walking the victim’s face, walking six times in front, walking the victim’s face, and drinking four times in drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Police seizure records;

1. Application of Acts and subordinate statutes of the investigation report (16th of investigation records);

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is deemed to have committed an assault against the victim, carrying a kitchen knife, which is a dangerous article of the defendant, but the nature and circumstances of the crime are not good. However, the defendant's mistake is against the defendant, and the defendant has agreed smoothly with the victim, and there is no other record of the crime except for the defendant who has been suspended one time due to the same kind of crime in 2011, and the defendant has no record of the crime other than the defendant's age, sex, environment, background of the crime, relationship with the victim, and circumstances after the crime, etc., shall be determined as ordered by the order.

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