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(영문) 대전지방법원 2020.10.16 2020고단1140

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 21, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Daejeon District Court for fraud, and the judgment was finalized on September 29, 2018.

On December 28, 2019, around 00:15, the Defendant: (a) around the C cafeteria located in the Cheongju-si Office B, and (b) around the day on which the Defendant’s daily-led D (25 years old) opened a cell phone on the table of the victim E (25 years old); (c) reported that the Defendant and the victim were in dispute with the victim; and (d) expressed the victim’s desire to “Chop, mari,” and had a cigarette butts that had been faced with the victim’s left face.

Since then, the Defendant entered a restaurant, and opened a smaller scam, which is a dangerous object on the table of the table, to the victim who was seated, and opened one beer, which is a dangerous object that the victim occurred in the same place to resist, and was collected from the victim to the right part of the victim's right side.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Entry and video of each investigation report, investigation status report, and evidential materials attached thereto;

1. Part of the victim's face, on-site photographs, CCTV images-fashion photographs and video CDs;

1. Previous records of judgment: Criminal records, investigation reports (report attached to the same attached records, confirmation of crimes during the period of suspension of execution), and application of statutes governing judgment;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the reasons for sentencing choice of imprisonment with prison labor;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the category 6] repeated crimes, special assault [the special offender] mitigated elements: In a case where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered, the mitigated area of the punishment (the scope of the recommended area and the recommended punishment], and February through February, respectively;

3. Determination of sentence: Imprisonment; and