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(영문) 광주지방법원 목포지원 2018.04.16 2018고단100
특수폭행등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special assault: (a) on February 1, 2017, the Defendant collected a glass bottle, which is a dangerous object in the instant teahouse’s account book, and assaulted the victim’s left face one time due to the said glass bottle, on the ground that at the instant teahouse’s house located in B on February 1, 2017, the Defendant toldd the victim from his own respect during dialogue with the victim D (66 aged).

2. On December 9, 2017, the Defendant: (a) at a car page located in “F” located in Sinpo City E on December 13:45, 2017; (b) on the ground that the injured party in dialogue with the injured party told the father of the Defendant that he would be bad; (c) at the same time, he saw the damaged part of the victim’s left side by a coffee, which is a dangerous object in the table, one time at the same time, and inflicted an injury on the injured party, such as the string of snow and string around the snow that require treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs), photographs (where the crime is committed, etc.);

1. Relevant Article of the Criminal Act, Articles 261, 260 (1) (a) of the Criminal Act (a point of special assault and choice of imprisonment), Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act concerning the crime;

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

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Act on Reduction of Small Quantity (The following favorable circumstances shall be considered):

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( favorable circumstances as seen below): The circumstances that assault the victim with dangerous articles, and that the nature of the crime of this case that inflicted bodily injury is not less easily against the defendant: the defendant's mistake is against the defendant; the damage is not relatively heavy; the victim and the victim have agreed smoothly; the decision of the suspended sentence does not have any history of punishment for the same kind of crime: the above circumstances and the defendant's age, sex behavior, career, home environment, and the crime.

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