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(영문) 의정부지방법원 2018.04.11 2018고단78
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2017, the Defendant visited the victim C (the South, the 57-year-old) of the victim C (the third, the 57-year-old) on the floor B and the 12-year-old floor, as a customer, to spit down the victim's face, spite the back of the victim's back by hand, cut down the victim's back the back, and drum (the diameter of 30 centimeters, the thickness of 20 centimeters), which is a dangerous object located on the stage, was set up by the victim, and prevented the victim from getting out of the victim's face.

The defendant continued to gather three beer diseases, which are dangerous articles on the table of the defect table, as the victim reported 112 as a result of calculation, and continued to gather three beer diseases.

Accordingly, the Defendant, carrying a drum or beer, which is a dangerous thing, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Investigative reports (to hear statements from victims);

1. Drums and drums used by the person under crime, and photographs of drums;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order [the scope of recommending punishment] The ground for sentencing under Article 62-2 of the same Act, and Article 59 of the Act on the Protection, etc. [the scope of recommending punishment] of the mitigation area (4 months to 1 year and 2 months), [the person who is subject to special mitigation] of punishment (the decision of sentence] of the defendant, despite the fact that he/she had a history of criminal punishment several times for the same crime, commits the crime of this case, the punishment and the nature of the crime are heavy

However, the fact that the defendant recognizes his mistake and seriously reflects it, that the victim agrees with the victim, and the victim wants to take the action against the defendant, and that the defendant is the other person.

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