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(영문) 부산지방법원 서부지원 2017.09.14 2017고단870
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2017, at around 20:06, the Defendant called the Defendant’s wife C to the effect that the Defendant’s wife would return home late due to the Victim E’s illness (16 years old). The Defendant called the rest of the victim who thought that the victim would encourage the Plaintiff’s flight, and sent her home promptly.

However, the victim did not act as the defendant's words, and the defendant did not look for the victim directly.

피고인은 같은 날 20:20 경 피해자가 입원 중이 던 부산 북구 F에 있는 “G 병원 ”에서, 자신의 차 트렁크에 실려 있는 위험한 물건인 망치( 머리 길이 10.5cm, 지름 3.5cm, 손잡이 38.5cm )를 손에 든 채로 피해자를 찾아가, 망치를 들어 피해자를 내려칠 듯이 위협하면서 손으로 피해자의 머리채를 잡아 누르고, 발로 피해자의 가슴 부분을 2회 걷어찼다.

The defendant continued to use his hand floor at one time with the victim's cream.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act does not constitute a crime where the defendant carrying dangerous articles and assaults a minor victim;

However, considering the fact that there is no previous conviction of a fine, the fact that the victim has agreed with the victim is favorable, and the defendant's age, sexual conduct, environment, motive and means of crime, results, etc., the execution of punishment shall be suspended only once in consideration of various sentencing conditions stated in the arguments in this case, such as the circumstances after the crime, etc., and the sentence is ordered as per Disposition.

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