(영문) 광주지방법원 2018.07.26 2018고단1593

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(영문) 광주지방법원 2018.07.26 2018고단1593

특수폭행

Text

A defendant shall be punished by imprisonment for six 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

The Defendant, around February 7, 2018, at around 23:15, in light of the victim E (n, 56 years of age) in Gwangju Mine-gu, brought assault against the victim’s children in the “Fing-ro” operated by the victim E (n, 56 years of age), he/she is fluencing, and he/she will die the victim if he/she did so.

“In doing so, the victim’s face face was flicked on one occasion, shot-car (No. 1, No. 33 cm in length), which is a dangerous object, and after threatening the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes related to photographs, such as seized knife;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment ] 6 types of assault crimes (special assaults committed habitually) / [the person who is subject to special mitigation / [the decision of sentence] / [the person who is subject to special mitigation / [the decision of sentence] / The punishment is a high risk crime in light of the purpose of the crime, and it is reasonable to select imprisonment for a large number of criminal offenses resulting from violence.

However, it was not used as a direct means of assault, and considering the fact that the victim did not want to be punished against the defendant from the beginning of the investigation, and that the defendant also led to the confession of the crime, the defendant reflects the wrongness, etc., the court shall determine the sentence and suspend its execution by comprehensively taking into account all factors such as the motive for the crime, relationship with the victim, the situation after the crime, etc.

참조조문

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