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(영문) 대전지방법원 천안지원 2018.04.05 2017고단2854
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 1, 2017, around 00:55, the Defendant received the victim’s head one time, and the victim’s head one time due to a beer disease, which is a dangerous object, on the ground that the Defendant, in the south-gu Seoul Metropolitan City, drinking in D, and the victim E (44 tax) who fluencing in the next table B, was engaged in drinking in the next table.

Accordingly, the defendant assaulted the victim with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Each letter of self-sufficiency in E, F and G;

1. On-site photographs of the case, and photographs of damaged victim;

1. The application of Acts and subordinate statutes to investigation reports (record preparation reports);

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [Scope of the recommended sentence] When the crime is committed in six types (Habitual, repeated, and special violence), the mitigation area (4 to one year and two months), the punishment not to be imposed (including efforts to recover damage), or considerable damage is recovered (the decision of sentencing] in light of the contents and results of the crime of this case, such as assaulting the victim using beer who is dangerous objects (the decision of sentencing), etc., the crime of this case has poor quality, and there has already been history of having already been punished several times due to violent crimes: Provided, That the fact that the defendant is recognized and against the crime, the fact that the defendant has agreed with the victim, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined as per the order.

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