(영문) 수원지방법원 2019.07.12 2019고단1853

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(영문) 수원지방법원 2019.07.12 2019고단1853

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 22:00 on November 19, 2018, the Defendant mentioned the fact that the victim D (the age of 43) was flicked by the Defendant’s house located in the G apartment No. B apartment C, and the Defendant was flicked from the Defendant’s friendship E, and that the Defendant was flicked by the Defendant’s friendship, and the Defendant was flicked into the Defendant’s friendship, and “ how the Defendant was aware of E,” but the Defendant was flicked with “E,” but the Defendant was flicked to the Defendant’s head and face, flicked the Defendant’s flick, and flicked the Defendant’s flick, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the confession of the defendant, the same kind of punishment and the fine are not exceeded, and the victim expressed his intention not to punish the criminal investigation agency.

However, the crime of this case is not likely to be a crime because the defendant used dangerous objects to assault his spouse.

In light of the attitude of criminal investigation and trial, it is doubtful whether the defendant is against the petition.

Since the defendant committed the crime of this case again even though he had been transferred three times as a home protection case, it is also likely that the risk of recidivism is also threatened.

The punishment as ordered shall be determined by taking into consideration all the sentencing factors shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive of the crime, means and consequence of the crime, and the circumstances after the crime.

참조조문

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