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(영문) 의정부지방법원 2016.06.01 2016고단1193
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 26, 2016, the Defendant: (a) committed assault against the victim on the ground that: (b) while having been placed in “C Party B” along with the victim D(49) on March 26, 2016, the Defendant reported the victim’s c Party Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party, and that (c) Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party; and (d) Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party Doc Party, the Defendant Doc Party Doc Party d

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs taken by the victim of his/her assault, and to photographs of party-to- party motion picture;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment.

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] When the crime of assault is committed in the category 6 (Habitual Offense, Cumulative Offense, Special Violence) [4 months to 1 year 2] of mitigation area (including special mitigation person] of punishment not (including efforts to recover damage), or where considerable damage was restored (the decision of sentence] of this case, the crime of this case is deemed unlawful as it assaults the victim with dangerous things by the defendant.

In addition, the defendant has been subject to criminal punishment several times due to violence-related crimes.

However, the defendant recognized all of the crimes of this case and reflected, and the injured party does not want the punishment of the defendant by agreement with the injured party.

In addition, the degree of the assault is not very serious.

In addition, the sentencing conditions specified in the arguments, such as the defendant's age, sex, family environment, motive and background of the crime, the means and consequence of the crime, the circumstances after the crime, etc., shall be determined in the same manner as the order.

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