(영문) 의정부지방법원 2018.06.20 2018고단1624

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(영문) 의정부지방법원 2018.06.20 2018고단1624

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On March 25, 2018, the Defendant, at around 22:30 on the main point of “C” located in Kangwon Hawon, and at around 22:30 on March 25, 2018, the Defendant, while drinking alcohol together with the victim D (n, 49 years of age), tried the victim by calculating the drinking value by considering the victim’s reasoning, making the victim’s drinking at his/her main point of view, making the driver’s pans and pans, which are dangerous articles from the main point of view, and by taking the victim’s head back, and by taking the victim’s head back.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Spande photographs of criminal tools, on-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report on the past records of the same type of crime);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment according to the sentencing guidelines of the Supreme Court] The mitigated area (non-guilty amount of punishment, repeated crime, special assault) [the decision of sentencing] of the mitigated area (the non-guilty amount of punishment, April 1 to February 2] of the crime of violence committed several times before the defendant committed violent crimes.

The crime of this case is likely to lead the victim to the victim's head with panty branches, which are dangerous objects, and the crime of this case is not very good.

However, the fact that the injured party has smoothly agreed with the injured party and the injured party wants to have the preference against the accused shall be considered as favorable circumstances.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.

참조조문

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