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(영문) 광주지방법원 2019.03.29 2018고단4353
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On October 17, 2018, the Defendant: (a) around 09:28, at the city bus stops located in Seo-gu, Seo-gu, Gwangju; (b) reported that the victim C (19 years of age) tried to sit in the Defendant’s arode with the Defendant’s arode; and (c) expressed the attitude that the Victim C (19 years of age) was able to look at the Defendant’s arode, which is a dangerous object, and that the alinium view the victim’s arode into the ground above the growth of the victim; and (d) expressed the view that the erode was flad by the camping net, and that the erode was flad by the victim.

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

Summary of Evidence

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing of Article 48(1) of the Criminal Act requires strict punishment in light of the following: (a) it is important to use force against the victim as an aluminium camping net without any particular reason; and (b) it is not agreed with the victim; and (c) it is inevitable to issue a sentence.

The sentence shall be determined as the order by comprehensively taking into account all the conditions of sentencing as shown in the pleadings, such as the age, health, character and conduct, home environment, motive and background of the crime, and circumstances after the crime.

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