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(영문) 광주지방법원 2017.04.13 2016고단3518
특수폭행등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 17, 2015, the Defendant was sentenced to a suspended sentence of two years on July 31, 2015 by imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, and the judgment became final and conclusive on July 31, 2015.

1. Defluence (2016 Ma 4319) between 20:00 and 20:15 on July 17, 2016, the Defendant got the victim E from among 10 persons from the same in front of the Seoul Northern apartment shop D, Gwangju Northern District, the Defendant got the victim E once.

In a large sound, “the victim was openly insulting.”

2. Violence (2016 Highestest 4319) Defendant’s her husband F (54 years old) at the time and place specified in paragraph 1, and whether Defendant “I am her husband’s her husband’s her husband’s f (54 years old).”

“ and assaulted the victim’s breath by batling and batling the bat.”

3. Special intimidation (2016 Height 3518) around July 23, 2016, the Defendant threatened the victim with dangerous objects by carrying a dam of the damaged person, which is a dangerous object for the victim’s own drinking water (30 cm in total, 18 cm in length) during drinking water and drinking water, around 19:00, G apartment in Gwangju Northern-gu, 401 Dong 101, and 58 years old, and a dangerous object for drinking water after drinking alcohol.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each police statement with regard to I and F (including the part of the statements made by E and J);

1. Photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of the same type of judgment attached thereto);

1. Relevant Article 311 of the Criminal Act concerning the crime, the choice of punishment (a point of insult, a choice of imprisonment), Article 260 (1) of the Criminal Act (a point of assault, a choice of punishment by imprisonment), Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation, and a choice of punishment by imprisonment);

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (only to the extent that the punishment is aggregated with the punishment that is the largest special intimidation (only to the extent that the punishment is aggregated with the long term of each crime)) of the Criminal Act for the aggravated concurrent crimes;

1. Application of the sentencing criteria;

A. 1. The sentencing criteria by crime

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