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(영문) 수원지방법원 여주지원 2017.11.24 2017고단1311
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who works as a towing engineer, and the victim D (20) is a person who works as a towing engineer.

On September 27, 2017, the Defendant: (a) driven a towing vehicle on September 27, 2017; (b) tried to witness a traffic accident that occurred in front of the FF shooting distance and to tow the accident vehicle; (c) however, the victim, who first arrived at the scene, is towing the accident vehicle, and (d) the victim is towing the accident vehicle.

“In the middle of a dispute, hack pipe (60 cm in length, 3 cm in diameter) was cut off, which is a dangerous object in storage of the tools of one’s towing vehicle, and assaulted twice on the part of the injured party’s right part.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. 쇠 pipe photographs;

1. Statement made with D;

1. Application of Acts and subordinate statutes to a written agreement;

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. The fact that the crime of this case was committed while being tried at the appellate court due to a special injury on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act shall be considered disadvantageous circumstances.

However, in consideration of all the sentencing conditions under Article 51 of the Criminal Act, such as the fact that one's own crime was committed and reflected in depth, the background and motive leading to the crime, agreed with the victim, the defendant's age, sex, environment, support relationship, etc., the sentence is ordered as ordered.

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