(영문) 부산지방법원 2017.11.15 2017고단4462

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(영문) 부산지방법원 2017.11.15 2017고단4462

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

Around 04:00 on August 17, 2017, the Defendant took a bath with the victim D (n, 49 years of age) who was in a tobacco relationship in Busan East-gu B, Busan-dong, while drinking alcohol with the victim D, and without any special reason, took a bath for the victim, and had one empty disease, which is a dangerous object, taken the side of the victim’s head, and the said be broken off by the victim’s head, arms, etc. on the back side, and on the same day on the same day, the Defendant continued to go back to the back of the victim’s head, arms, etc. on the ground that the victim did not her alcohol, and caused the victim to take a bath, and caused the victim to sprinke three in order to spug the victim’s body, who was in danger of sprinking the wall of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Act and subordinate statutes to investigation reports (in relation to attaching field photographs)

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. The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is a good in consideration of the fact that the defendant has exercised the force of force against the victim due to beer, beer, etc., which is an object dangerous as above, and that the victim has filed a complaint against the defendant with severe mental or physical pain.

However, the sentence like the order is to be imposed in consideration of the following circumstances: (a) the defendant is against the defendant; (b) he/she has no criminal record of the suspension of execution or more; and (c) the defendant's age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (d) the circumstances leading to the sentencing specified in the arguments

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