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(영문) 서울중앙지방법원 2017.08.30 2017고단4009
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 4, 2017, around 06:30 on June 4, 2017, the Defendant came from the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government B B03, from the Defendant’s home, and from the Defendant’s victim C (V, 28 years of age) who was female-friendly job offers.

name shall be named or named.

C. Shosches

1. Duchch value;

1. The Defendant 1 and the Defendant 1 committed an assault, i.e., assaulting the victim’s head on several occasions by drinking, walking the victim’s chest on the wall, causing the victim to face with head on the wall, and breath (12 cm on the blade, total 22 cm on the blade, and 12 cm on the blade), which is dangerous in the main room, and breath of the victim, with the victim’s head on several occasions, and “D, by inserting the victim’s head on an attempted murder.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of statutes on site photographs;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 62-2 (2), and Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one month and five years;

2. Application of the sentencing criteria;

(a) Determination of types: Class 6 (Special Violence) of the Violence Crime>

(b) Special sentencing factors: [Mitigation elements] A victim who is vulnerable to a crime not punishable [aggravating elements]

(c) The territory of recommendation and the scope of punishment: Basic area, imprisonment with prison labor, June and October.

3. Circumstances favorable to the determination of sentence: The confession, reflectivity, the fact that the victim has agreed smoothly with the victim, the fact that there is no previous conviction exceeding the fine: The nature of the crime is not good due to the use of violence against the victim living together with a deadly weapon; the fact that the crime has been repeated even before the crime of this case was committed by the investigative agency on one occasion due to the same kind of violence against the victim; and other matters, such as the defendant's age, sex behavior, environment, occupation, family relationship, and crime.

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