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(영문) 전주지방법원 정읍지원 2019.01.08 2018고단402
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

On July 31, 2018, around 21:45, the Defendant: (a) discovered the victim C (the Defendant alleged that he was a high school student with the age of 13 who was 18; (b) but according to the police statement protocol on the victim C, the victim was born in 2005 and was a middle school at the time of committing the instant crime; (c) thought the said victim was one of the juveniles who was 2 km away from the above place, and assaulted the Defendant by putting the improvement of the object dangerous to the Defendant, one of the juveniles who was 2 km away from the above place.

Accordingly, the defendant, carrying a protected object, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim C and D;

1. The police seizure list;

1. Report on internal investigation (case concerning the arrival of the site and the statement of the person suspected of having been made);

1. Application of Acts and subordinate statutes to report internal investigation (victim C and telephone communications result);

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

1. Article 62 (1) of the Criminal Act;

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act for the sentencing of the same case, the crime of violence by drinking alcohol is not highly likely to cause social harm, such as committing the crime and causing uneasiness to the people.

The crime of this case is not proper in that the defendant's crime of this case is committed against students with a significant high risk of improvement, and the degree of violence is not less severe, and that it is not easy to commit the crime in that it commits the crime of this case, in that it commits the crime of this case, with the possibility that the defendant's improvement is considerably high, and that the degree of violence is not easy, and that the residents who are around the crime are not in compliance with the police's speculation order, or that the police officers are not in compliance with the police officers' speculation order.

(b) the injured party.

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