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(영문) 전주지방법원 2018.06.14 2018고단705
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 February 17, 2018, at around 22:40, the Defendant, without any justifiable reason, carried the chest of the victim D(57 aged) who is another customer, who was drinking in the next table table B, in front of the front city, in two hands, and was faced with beer disease, which is a dangerous object on the table table, and the glass softened into the victim’s head and left knee, and was seated at the same time.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of statutes on site and victim photographs;

1. Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The defendant on the grounds of suspended sentence under Article 62(1) of the Criminal Act has a history of criminal punishment on three occasions including suspended sentence of imprisonment for two times for violent crimes. In light of the previous criminal acts and the details of the crime and the method of the crime in this case, the defendant has a tendency to commit principal violence and needs improvement thereof, etc., the defendant shall be punished by imprisonment.

However, there are extenuating circumstances such as the fact that the defendant's mistake is recognized and reflected, the victims are not punished, and there is no specific punishment force for the past six years.

In light of the above circumstances, the sentencing conditions, such as the age, sex, environment, etc. of the defendant, the punishment shall be determined as per the disposition.

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