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(영문) 춘천지방법원 2017.12.06 2017고단1033
특수폭행
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 17:50 on April 10, 2017, the Defendant used part of the land owned by the Defendant as a passage through the road around the Seocheon-gun, Seocheon-gun, Seocheon-gu, Seocheon-gu, the Defendant: (a) was punished for trial expenses; (b) was placed in the atmosphere of the victim D ( South, 62 years of age) who used part of the land owned by the Defendant as a passage; (c) was fluencing a tree, which is a dangerous object located therein; (d) was placed in the atmosphere of the victim; and (e) was placed with four (30 cm, which is a dangerous object in the Defendant’s house ( approximately 124 cm in length, about 30 cm in width); and (e) was flucing the victim’s left blue; and (e) was fluenced two times to the victim.

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 interrogation of the suspect against the defendant (including the statement made in victim D);

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

1. Application of Acts and subordinate statutes to stone straw, tree studs, and four-way 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 suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act include the following factors: (a) continuous assaulting a victim with a tree string, four string, stone with stone, etc., which are dangerous objects; and (b) the fact that the victim is not agreed with the victim; and (c) the sentencing factors unfavorable to the Defendant are elements for sentencing.

However, there are circumstances that can be considered in light of the circumstances leading up to the crime of this case since the defendant was the first offender, and the victim had committed several harm to the wife of the defendant or the defendant before the case.

The fact that the defendant seems to be the factor of sentencing favorable to the defendant is considered as the factor of sentencing, and in full view of all other circumstances, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., the punishment as set forth in the text shall be determined.

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