(영문) 전주지방법원 군산지원 2017.07.05 2017고단589

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(영문) 전주지방법원 군산지원 2017.07.05 2017고단589

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 03:00 on April 21, 2017, the Defendant demanded the Defendant to return the key of the vehicle at the Defendant’s house located in Yasan City B and 302 (the age of 49) to the Defendant, but the Defendant was able to take the head debt of the Defendant on the ground that it does not return it, and the Defendant was able to take the head debt of the victim C by cutting the head debt of the victim C, and the amount was 2 times at the victim’s head at the expense, and the head of the victim was able to take more time with his clothes, and the victim’s head was able to take more time with his clothes, and the victim’s head was not “on the other hand, the knife and the other part of the victim’s knife and the other part of the knife and the other part of the victim’s knife.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. The reason for the sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended sentence] The sentence shall be determined as per the disposition, taking into account the following circumstances: (a) the mitigation area (4 to 1 year and 2 months), the mitigation area (including efforts to recover damage), the punishment of non-person subject to special mitigation] or considerable damage (the decision of sentence] is against his/her mistake; (b) the defendant has no record of being punished for the same type of crime; (c) there is no record of being punished for the same kind of crime; (d) the defendant has agreed with the victim; (d) the defendant's age, background leading to the occurrence of the case, sexual conduct, environment, etc.; and (e) the punishment shall be determined as per the order.

참조조문

유사 판례

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