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(영문) 춘천지방법원 영월지원 2017.10.17 2017고단73
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:30 on December 24, 2016, the Defendant: (a) entered the kitchen on the ground that the victim E (25 years of age) who is an employee of the main shop in Thailand C, was frightened to himself, and (b) continued to flap the victim’s face with flab with other hand, flabing the victim’s flab, and flabing the victim’s head, flabing the victim’s face on one occasion, flabing the victim’s head, and flabing the victim’s face at the same place as at around 02:40 on the same day, on the ground that the Defendant did not comply with the demand of the victim F (35 years of age) who is an employee of the main shop manager, and was flabing the victim’s knife with the victim’s knife (33 cm and 2 cm) on the ground that he did not comply with the demand of the above E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. On-site and victim photographs;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) 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. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include: (a) the Defendant recognized each of the instant crimes; (b) there is no record of punishment for the same kind of crime; (c) favorable circumstances such as the agreement with the victims; and (d) circumstances that are favorable to each victims of a dangerous article or a knife, and other unfavorable circumstances, such as the Defendant’s age, sex behavior, environment, motive, means, consequence, etc., and the circumstances after the crime, etc., shall be determined as ordered by the order.

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