(영문) 제주지방법원 2015.10.30 2015고단1055

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(영문) 제주지방법원 2015.10.30 2015고단1055

특수폭행

Text

A defendant shall be punished by imprisonment for not more than ten 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

On June 24, 2015, at around 05:00, the Defendant: (a) called “I am dead; (b)” and opened the LPG gas flow in front of the victim’s home; (c) observed the Defendant’s “I am dead;” and (d) observed the Defendant’s “I am in front of the victim’s house.” The Defendant am in front of the victim’s house, and am in front of the victim’s house.” The Defendant am in front of the victim’s house, which was a dangerous object in front of the victim’s house, and am in front of the victim’s house.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Articles and 261 and 260 (1) of the Criminal Act, the choice of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Probation and community service order: The sentence shall be determined as ordered in consideration of the grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., and the following circumstances:

The favorable circumstances: The facts of the crime are recognized and reflected, the circumstances that are unfavorable to the victim: the fact that there are two times of suspended sentence for the same crime; the fact that there are records of punishment such as carrying dangerous things; the nature and poor circumstances of the crime; the circumstances after the crime; the defendant's occupation, age, character and conduct, family relation [the range of recommending punishment] [the range of recommending punishment] types 6 (Habitual, Habitual, Habitual, 1 year and 2 months) mitigation area (4-1 year and 2 months) [special mitigation persons] of mitigation area (special mitigation persons] of punishment for the reasons that the punishment is not imposed.

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