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Reasons
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(영문) 대전지방법원 천안지원 2018.11.15 2018고단1453
특수폭행
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2015, the defendant requested the victim to cancel the report when the police called the victim upon the victim's report. On June 29, 2015, the defendant sent the victim's report on the ground that the victim E (the remaining and 55 years old) hospitalized in the same ward C and the victim E (the male and 55 years old) hospitalized in the same ward room was hindered.

However, the victim did not cancel the case of assault report. On June 30, 2015, the defendant, around 07:20 on June 30, 2015, held each item at the construction site of the same building, and held each item at the construction site of the same building, and held the victim's arms and hairs at the victim's length, which are dangerous articles for the victim to move ( approximately 50cm in length, about 50cm in thickness, about 5cm in thickness).

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

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. The suspended sentence under Article 62(1) of the Criminal Act is not very good to form a crime by assaulting the victim, etc. using each item, which is a dangerous object for sentencing, which is a dangerous object for sentencing, and has been already punished several times of violent crimes, the fact that the defendant's mistake is recognized, the fact that the defendant's health is not good, and other various sentencing conditions such as the defendant's age, sex and behavior, family relationship, motive and means of the crime, and circumstances after the crime shall be determined as ordered by the order.

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