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(영문) 창원지방법원 마산지원 2017.08.22 2017고단518
특수폭행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 19, 2017, at around 05:40, the Defendant assaulted two times the head with two main disease, which is a dangerous object, of the Defendant, with three drinking water, including the victim C (at the age of 21) who had been aware of about five to six years, and with three drinking water, including the victim C (at the age of 21) who had been living in the place of residence, and had been living in the place of locking after drinking water.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

On November 22, 2013, the Defendant was sentenced to imprisonment with prison labor for a maximum of three years or a short of two years for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. at the Busan High Court on November 22, 2013. On May 14, 2016, the Defendant committed the instant crime even during the period of repeated offense, even though the execution of the sentence was completed in Busan Prison.

The favorable circumstances: The crime of this case is against the law.

Considering that the period of repeated crime is not the period of repeated crime.

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