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(영문) 창원지방법원 통영지원 2015.12.11 2014고단487
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

At around 00:10 on April 10, 2014, the Defendant saw D’s “E” of D’s operation in 00:10, the Defendant saw D’s “E,” and her employees, to drink D’s victim F(55 years of age) and drinking, on the ground that the victim was receiving a higher level of monthly wage than the previous principal, and she saw C’s hand to the part of the victim’s this part on the ground that the victim was her hand, which is a dangerous object on his/her customer.

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

Summary of Evidence

1. Legal statement of witness F in the fifth trial record;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] Types 6 (Habitual Cumulative Offense, Habitual Offense, Special Violence) (Article 6) mitigation area (Article 4-1 and 2) / [Pronouncement of sentence] - Unfavorable circumstances: The fact that the crime in this case is punished for the same kind of crime and committed with dangerous articles during the suspension period of execution, and is not good to the nature of the crime committed; - favorable circumstances: the above mitigated person, the person seems to have committed contingent crimes under the influence of alcohol, and all of the sentencing conditions indicated in the arguments and records of this case, including the defendant's age, character and behavior, shall be determined as per the order.

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