(영문) 수원지방법원 평택지원 2017.03.30 2016고단2195

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(영문) 수원지방법원 평택지원 2017.03.30 2016고단2195

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 October 10, 2016, at the front of the "C" located in Pyeongtaek-si B, around 02:30 on October 10, 2016, the Defendant: (a) requested the return of the Defendant’s body card to the victim D (here 27 years old); (b) however, (c) the victim was suffering from the defect that “I want to return to the current card because there is no current card”; and (d) threaten the victim as if I will am the victim by gathering an empty alcohol disease in the nearby waste sources; and (c) after leaving the alcohol disease, “I am out of the card.”

“Along with a deadly weapon prepared in advance (22 cm in total length, 9 cm in knife) with a high sound, the victim was threatened with the victim’s body by putting the head of the victim’s knife with a knife and pushing the victim’s body.

The defendant, carrying a deadly weapon, assaults the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

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 suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. A crime that threatens a female victim as a deadly weapon and assaults a female victim during the period of suspension of execution after having been sentenced to imprisonment for a sexual crime for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is deemed to be disadvantageous to the nature of the crime;

Punishment shall be determined in consideration of various sentencing factors, such as the fact that the victim has agreed with the victim, the fact that the crime is divided, the relationship between the victim and the defendant, and the motive for the crime

참조조문

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