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(영문) 의정부지방법원 2017.01.13 2016고단5192
특수폭행
Text

A defendant shall be punished by imprisonment for six 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 August 14, 2016, the Defendant abused the Defendant at around 00:30 on August 14, 2016, “D” restaurant located in Gyeonggi-si, Gyeonggi-do, by avoiding the Defendant who is not good for the victim E (n, 48 years of age) to another place, and moving the Defendant to another place under the influence of alcohol, and assaulted the Defendant at one time the head of the right to the bed, which is a dangerous object, to be the beder’s disease.

Accordingly, the defendant assaulted the victim by beer disease, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Entry of damaged photographs and application of the video Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) and (2) of the Criminal Act, the main sentence of Article 62-2(1) and Article 59 of the Act on the Observation, etc. of Protection [the scope of applicable sentences under the law] 5 years or less of imprisonment [the type of decision] ] types 6 (Habitual, Habitual, Special Assault) of violent crimes among the military of violent crimes (special person in sentencing] mitigation elements: Non-applicable area of punishment [the scope of recommended punishment] mitigation area, period 4 to 2 months [the decision of sentenced] period 6 months of imprisonment with prison labor, and 2 years of suspension of execution, the defendant committed the instant crime during the suspension period of execution, which was sentenced to one year of suspended sentence for interference with business on August 21, 2015 and decided on August 29, 2015.

In addition, on November 2, 2015, the Defendant received a summary order of KRW 4 million as a crime of damaging public goods during the period of suspension of execution (in addition, the Defendant filed an application for a formal trial and continued to exist by 2066 of this court). On June 2, 2016, the Defendant was sentenced to a fine of KRW 5 million due to a crime of obstructing the performance of official duties.

Provided, That a suspended sentence of imprisonment shall be imposed in consideration of the fact that the defendant has led to an offense and that the victim has agreed to do so, and protection and observation shall be ordered to prevent recidivism.

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