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(영문) 전주지방법원 2017.01.24 2016고단1971
특수폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 26, 2016, the Defendant: (a) at a park play area located in Youngjin-gu Seoul Special Metropolitan City on August 26, 2016, on the ground that: (b) the victim D (72 3, female) who lost his mobile phone from the play sperm did not regard the Defendant’s mobile phone; and (c) the Defendant continued to ask the Defendant whether he had the mobile phone.

In addition, the defendant's house, which is a dangerous object at the defendant's house that is adjacent to the park, and thereby threatens the victim, such as accompanying the victim's rear and leaving the land, and continuously finds a mobile phone from the damaged person, the defendant's request for return of the mobile phone was taken to the public. The plaintiff's request for return of the mobile phone was taken to the public.

In addition, it has brought about her attention, "I saw," and saw the victim's left face one time by her hand, and he saw the victim's bat, and her bat, he saw the victim's bat, and led the flat in front of the Pho-gu E in Jeonjin-gu, Jeonjin-gu.

Accordingly, the defendant, carrying a protected object, and assaulted the victim.

2. Around August 26, 2016, the Defendant: (a) took a phone call from the D referred to in paragraph (1) to request the help; and (b) took part in the part of the victim G (18 years old) who was the grandchild of D (18 years old) who tried to restrain the Defendant, the Defendant she got off the upper part of the chest of the victim G (18 years old) by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes, such as improvement and photographs of victims;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, Article 260 of the Criminal Act (special assault), Article 260 (1) of the Criminal Act, and the choice of imprisonment for a 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. Article 62-2 of the Criminal Act on the observation of protection;

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, abused the victim, carrying dangerous objects.

A crime is not easy.

However, the defendant is waiting to commit a crime and seriously reflects the wrongness.

The defendant, in 195, shall be the defendant.

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