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(영문) 수원지방법원 평택지원 2018.12.20 2018고단1220
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 12, 2018, the Defendant, at Pyeongtaek-si D around 21:30 on July 12, 2018, committed an assault on the part of the Victim F (55) who is the Defendant’s friendly f (55 years) (here, her mother) who was the Defendant’s friendly f (5 years).

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and F;

1. Application of Acts and subordinate statutes to each investigation report, records of seizure and list of seizure, on-site photographs;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 48(1)1 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

- The nature of the crime of this case does not correspond to those of the defendant, provided that the victim does not want the punishment of the defendant; - there is no history of other criminal punishment exceeding the fine. - The defendant is against his mistake.

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