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(영문) 수원지방법원 여주지원 2018.09.07 2017고단952
특수폭행
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2015, the Defendant was sentenced to a summary order of KRW 2 million as a crime of bodily injury in the credit support of Suwon Friwon, and on October 30, 2014, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of bodily injury from the Suwon Friwon Friwon Friwon Friwon Friwon Friju, and was punished several times as an act of violence on several occasions.

The Defendant, around 19:00 on June 22, 2017, was under the influence of alcohol in the victim C (30) working on the part of the “D” restaurant, and the Defendant reported to the police due to animal abuse.

The phrase “,” and as a result, in the insertion (m: 110cm in length) which is a dangerous object in Ma, assaulted at one time by the victim’s right-hand bucks.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The criminal place;

1. Statement made to C;

1. Application of Acts and subordinate statutes on the part of violence;

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence from April to October of the year (the basic area);

2. Considerations shall be given to disadvantageous circumstances, such as dangerous behavior to determine sentence, punishment by fines for the same kind of crime, and suspension of the execution of imprisonment;

However, it shall be considered in favor of the favorable circumstances, such as the fact that an investigative agency has substituted for its own activities, and that it appears to be a contingent crime under the influence of alcohol.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and the degree of substantial damage inflicted on the victim, are determined as per the disposition.

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