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(영문) 광주지방법원 2016.08.31 2016고단1579
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 April 15, 2016, at around 22:00, the Defendant: (a) reported the victim D (12 taxes)’s air-conditionings in the front of Gwangju Northern-gu; (b) reported the victim D (12 Dop) and the friendly and camping play in the Maart; (c) without any reason, the Defendant used the victim’s air-conditionings at one time; and (d) deducted the victim’s air-conditionings (50 cm in total length) from the victim’s air-conditionings (50 cm in total length) at one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation;

1. Application of Acts and subordinate statutes to photographs (victims, archia and camping nets);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2(1) of the Criminal Act, the sentence like the Disposition shall be imposed in consideration of the following circumstances: (a) the sentencing conditions stated in the records of the instant case, such as the following circumstances and the Defendant’s age, sex, health, home environment, motive and means of the commission of the crime; and (b) the circumstances after the commission of the crime.

The defendant committed the crime of this case at a disadvantage: The crime of this case was committed in the camping room, which is a dangerous object, and the crime of this case was committed in the early school of 12 years of age, and it is not suitable to the nature of the crime.

As in the instant case, the Defendant was sentenced to a fine by committing a violation of the Punishment of Violences, etc. Act, a forced indecent act, or a crime interfering with business under the influence of alcohol.

The favorable circumstances: Although the defendant used the camping net, which is a dangerous thing, the physical damage suffered by the victim is not significant.

The defendant recognizes his wrong and reflects his wrong.

The defendant agreed with the victim and the mother of the victim does not want to punish the defendant.

The defendant has no history of criminal punishment exceeding a fine.

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