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(영문) 창원지방법원 통영지원 2017.06.29 2017고단376
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 22:10 on January 13, 2017, the Defendant drinking alcohol together with D’s studio, which is the seat of the Defendant located in the C, and with E, D, and Victim F (n, 34 years of age), and the victim was a vision for the reason that the Defendant and D without permission, and the victim was a dangerous object on the floor of the living room and got the victim a part of the victim’s head and face.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by a part of the prosecution with respect to F;

1. Each police statement made with respect to E and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 suspended execution;

1. In light of the fact that the reasons for sentencing in Article 62-2 of the Social Service Order Criminal Act (hereinafter “Social Service Order”) led the victim, who is a dangerous object, and the strike of a shouldered softener’s disease was affected by the victim’s head and face, the nature of the crime is not very good.

And the defendant has the same criminal records.

However, the punishment as ordered shall be determined by taking into account the defendant's age, sexual conduct, environment, motive, means and consequence, the circumstances before and after the crime of this case, etc., where the defendant committed the crime of this case and the defendant agreed smoothly with the victim, and other factors such as the defendant's age, sex, environment, motive and consequence.

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