(영문) 청주지방법원 2019.06.13 2019고단396

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(영문) 청주지방법원 2019.06.13 2019고단396

특수폭행

Text

A defendant shall be punished by imprisonment for six 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 10:40 on January 18, 2019, the Defendant assaulted with the victim D(27 years of age) in the “C” restaurant located in Cheongdong-gu Seoul Metropolitan Government B and the first floor of Cheongju-si, Cheongju-si, with the victim D(27 years of age), the Defendant, who was making a dispute with one another, and who was a dangerous object at the same time, was making the head of the victim two times, and s the head of the victim’s head was strokeped with the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photograph damaged photographs and CCTV video images by capturing them;

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. In light of the fact that a crime is not good in line with the method of crime, damage level, circumstances of crime, etc., such as unloading the victim’s head from a small-scale illness, which is a dangerous object for sentencing in Article 62-2 of the Probation Criminal Act, and that the defendant committed a crime again even though he had a record of having been punished several times due to the same kind of crime, etc., there is a considerable possibility of criticism against the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances such as the defendant's age, character and conduct, environment, and circumstances before and after the crime committed against the victim who had a relationship with the victim, the fact that the defendant committed a contingent crime, the fact that the victim has agreed smoothly with the victim, the fact that the crime was divided and reflected, and other conditions that constitute conditions for sentencing,

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