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(영문) 의정부지방법원 2016.06.29 2016고단1697
특수폭행등
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

1. Around 21:40 on January 10, 2016, the Defendant: (a) proposed that the Victim C (58) wanted to take care of the victim as the victim, and (b) proposed that the victim would refuse it; (c) the victim would bring the victim’s head to one time as the victim was in danger of refusing it; and (d) continued to assault the victim F (57 years old) with the victim F (57 years old) who was in danger of suffering from the inside and outside of the party branch without any justifiable reason; (c) the victim’s shoulder and head was sent to the prosecutor on several occasions in light of the victim’s statement, etc.; (d) even if the victim’s statement was indicted ex officio, the victim’s head was corrected ex officio as it does not interfere with the Defendant’s right of defense; and (e) the victim’s head was discharged from G (17 years old).

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

2. For the same reasons as paragraph 1, the Defendant damaged the victim’s market price at the time, at the place, and at the same time and place as indicated in paragraph 1, by means of an incidental method, such as where 7 curies are influences, gluences, 1 glass windows, 1 watchers, and 1 apparatus indicating time per unit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. G statements;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentence 1 and 2 of the grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order and Order to Attend, and Article 69 of the Act on the Protection, etc. [the scope of recommended punishment] Class 6 of the crime of assault (Habitual, repeated, and special assault) are mitigated ( April to February).

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