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(영문) 부산지방법원 2017.10.17 2017고단4206
특수폭행
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 16, 2017, at around 11:59, the Defendant, at the entrance of the 2nd floor in Busan Dong-gu Busan Dong-gu, followed a stop flusium can be removed from the victim E (58 cm) due to historical cleaning while collecting Alusium cans at the entrance of the 2nd floor north of the Do-dong-dong-gu B, Busan, and caused the Defendant to remove it from the location of the victim E (58 cm), which is a dangerous object that had been placed in the Defendant’s portable carpet ( approximately 20 cm in total length, about 10 cm in blade).

The damage has been caused by spawn and the victim's necks had been displayed once every time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the special judicial police officer to E;

1. Photographs;

1. Seizure records;

1. Application of the statutes on the list of seizure;

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 suspension of execution (the following favorable circumstances):

1. Although the crime of this case, which displays a deadly weapon to the part of the victim's part of the crime of this case, even though there was a history of criminal punishment several times due to violent crimes on the grounds of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act, the crime of this case was committed after committing the crime of this case, and thus, did not reach an agreement with the victim, and the liability for the crime is somewhat weak, but there is no record of criminal punishment exceeding a fine since 1976, and there is no record of criminal punishment exceeding a fine since 1976, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, sex, environment, background leading to the crime, circumstances

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