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광주지방법원 순천지원 2016.07.21 2016고단993
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On May 20, 2016, the Defendant: (a) went to the roof of the boiler room of the said house on May 20, 2016, following the residence of the victim D (V, 52 years old) located in C, and went to the said house for the purpose of being in the housing.

Accordingly, the defendant invadedd the victim's residence.

2. Whether the Defendant, at the above time and place, was seated above on the roof of the boiler room as above, from the victim E (54) who was a neighboring resident, who discovered that he was seated.

“I have heard the sound,” and had the stone, which is a dangerous object, from the roof on the roof, and had a studio three times to the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to E and D;

1. The relevant photograph;

1. Application of the Acts and subordinate statutes to each photograph (including photographic photo of a crime);

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 319(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing sentencing of Article 62-2 of the Criminal Act on the observation of protection and observation, taking into account the following factors: (a) the defendant does not want the punishment of the defendant by agreement with the victim D; (b) the defendant has no record of any other crime other than the suspended sentence for more than ten years; and (c) the defendant's purpose of intrusion upon the defendant's residence is somewhat doubtful; (d) the defendant's crime committed by intrusion upon the defendant is recognized as a substitute for his criminal act