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(영문) 광주지방법원 2016.07.06 2016고단1684
특수폭행
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 5, 2016, at the defendant's house of 18:00, the defendant's house of 408, North-gu, Gwangju-si, Gwangju-gu, Gwangju-gu, about 18:0, while the defendant's house of 408, and the victim C (the 63 years old), and the horse dispute, the defendant took her hand twice with the victim's head twice, and the victim's hand her hand her hand, which is a dangerous object (the length of 125 cm, alkinium material).

Accordingly, the defendant used dangerous objects to assault the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;

1. The scope of applicable sentences by law: Imprisonment for not more than five years;

2. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and ten months) of the sentencing guidelines (any person who habitually commits a repeated crime, a repeated crime, and a special assault) is nonexistent.

3. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

A favorable circumstances: The defendant is led to confession, and is against himself.

D. Unfavorable circumstances: The defendant's act of assaulting the victim as stated in the judgment on the facts constituting a crime is bad.

The defendant has a record of being punished by a fine for the crime of bodily injury or assault.

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