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(영문) 광주지방법원 2019.02.22 2018고단3246
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

On August 9, 2018, at CPC located in Seo-gu, Gwangju, at around 08:13, the Defendant collected the victim's chest from the victim's chest because the victim D (year 43) called the victim's tobacco smoking to the defendant, and the defendant deducteds the victim's face by drinking the two hand, 7 times the victim's face by drinking the victim's hair, and 3 times the victim's back to the two hand hand, after putting down the victim's head debt by hand, the Defendant continued to gather the PC, which is a dangerous thing in the PC hold.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report of investigation (pathographic photo of a criminal suspect);

1. Application of related Acts and subordinate statutes;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. As for the reasons for sentencing under Article 62-2 of the Probation Criminal Act, considering the fact that the victim does not want the punishment of the defendant, the recognition of the crime and reflects the fact that the defendant suffers from the present mental disease and is able to concentrate on the treatment thereof, and the defendant's age, character and conduct, family environment, motive and circumstance of the crime, and circumstances after the crime, all of the sentencing conditions specified in the arguments, such as the crime shall be sentenced to the same sentence as the order.

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