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(영문) 전주지방법원 2017.01.13 2016고단2028
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 30, 2016, at around 22:50, the Defendant performed drinking with the victim E (58 years old) in the “D main shop” operated by the Defendant in Yansan-gu, Jeonju-si, Jeonju-si, and performed drinking with each other, and destroyed the beer’s face by drinking once from the injured party, which is a dangerous object in the megabbb, with the face of drinking. As such, the Defendant threatened the victim with the storm as flabing the victim’s snow part once due to the fall, and flabed with the upper part of the victim’s snow part once, and flabed with the upper part of the upper part, and flabed with the upper part and the upper part of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A copy of a written opinion and a medical treatment record;

1. Application of Acts and subordinate statutes to investigation reports (related to the submission of suspect E's opinion and copies of treatment records);

1. Relevant Article of the Criminal Act, Articles 261, 260 (1) (a) of the Criminal Act (a special assault, choice of imprisonment), and Article 257 (1) of the Criminal Act (aggravated injury, choice of imprisonment with prison labor) concerning facts constituting an offense;

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Republic of Korea;

1. Review of the sentencing criteria;

(a) The basic area of crimes No. 1 (Special Violence Assaults Scope of Recommendation) (Special Violence Assaults 6);

(b) A minor injury in the mitigated area (two months to one year) of Class 2 (Crime of Bodily Harm) (Crime of Bodily Harm) (Crime of Bodily Harm).

(c) Final sentence scope due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months nor more than two years and four months; and

2. The crime of this case shall be carried with a shoulderer who is an dangerous article for the defendant to commit the crime of this case, because of unfavorable circumstances to the sentence of sentence.

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