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(영문) 서울서부지방법원 2020.09.09 2020고단2330

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2019, at around 03:30 on December 24, 2019, the Defendant assaulted the victim’s neck with his hand on the ground that the victim D (the age of 27) was in a usual test of his own, such as cutting down the victim’s b building, Yongsan-gu Seoul, Seoul, and Da (the age of 27) and shabing the victim’s face, making the victim’s face unfolded by drinking, cutting off the victim’s face, and taking the victim’s disease, which is a dangerous object, against the wall.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police statements prepared in relation to D, E, and F;

1. Each investigation report (related to attachment of field photographs, and relative investigation of victims and reference witnesses (E));

1. Application of statutes on site photographs;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes [type 6] and the basic area that there is no repeated crime, special violence (special person in appearance] (the scope of recommending area and recommendation], and April through January 10.

3. Under the decision of sentence, the sentence shall be sentenced to the same sentence as the disposition within the scope of the recommended sentence, comprehensively taking into account all the sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime.

The favorable circumstances: The defendant seems to have led to his/her confession and reflect on his/her own crime: there is no evidence to deem that the degree of assault of this case is not less severe in light of the risk of the goods used for the crime, the same criminal records are several times, the defendant was not able to have been used by the victim, and there is no serious effort to receive a letter.