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(영문) 울산지방법원 2018.06.19 2017고단2895
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 21, 2017, the Defendant: (a) under the influence of alcohol on 302 of the Nam-gu Seoul Building C building 302 of Ulsan-gu, Ulsan-gu, 2017, and (b) took a horse dispute with the victim D (the age of 32) and the Defendant: (c) took a bath with the victim’s body, she was frightened to take the body of the victim, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The basic area (from June to October 1) of six types (Habitual, repeated, and special assault) of the punishment to be recommended according to the sentencing criteria;

2. Circumstances unfavorable to the reasons for sentencing: The sentence shall be determined as ordered by taking into account all circumstances, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, and the fact that the defendant has no record of criminal punishment, such as the defendant's age, sex behavior, motive, means and consequence, and the circumstances after the crime, etc., and in order to improve the defendant's character and behavior and to prevent recidivism, protection and observation shall be given in order to prevent recidivism.

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