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(영문) 의정부지방법원 2018.01.04 2017고단5043
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for four 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 August 24, 2017, the Defendant: (a) taken the victim D (n, 75 years of age) at the house of the Government-Si around 18:00, the Defendant: (b) moved the victim to be informed of the victim; (c) 8:00, and (d) laid down the victim over the air bed; and (d) laid down the victim, and (e) laid down the victim

” 고 위협하면서 한 손으로는 피해자의 목을 누르고, 다른 한 손으로는 위험한 물건인 쪽 가위를 피해 자의 목에 들이댔다.

The defendant is found to have a defect that the victim intends to escape from the body of the victim, kneee the victim's bridge, knee the victim's inside, knee the victim, and knee the victim suffered, and the tear shall be discarded.

"Abscination" and "abscination."

” 등 말로 위협하면서 위 쪽 가위를 피해 자의 팬티 위에 들이댔다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution with regard to D;

1. Application of on-site photographs and statutes governing damaged 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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. One month to five years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] and the basic area [the scope of the recommended punishment] of the six types of assault crimes (Habitual, repeated, and special assault) [the scope of the recommended punishment] [the scope of the recommended punishment], six months from one year to ten months.

3. Determination of sentence: The punishment shall be determined by taking into comprehensive account the circumstances shown in the pleadings of this case, such as the character and conduct, environment, motive and background leading to the commission of the crime, and circumstances before and after the commission of the crime;

- The risk of the crime in light of the method and form of the crime, etc., where there is no previous conviction within the last thirty years, and social ties clear, the age of 77 years old that does not have good health conditions;

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