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(영문) 수원지방법원 2019.02.14 2018고단4167

특수폭행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 11, 2018, the Defendant, with the nationality of Cambodia, performed D and alcohol, a workplace club, at the first floor under the ground level of the building B in Suwon-si, Suwon-si on March 11, 2018, and became a person with the nationality of Myanmar (28 years old), including victims E (28 years old) and victims F (22 years old).

1. Around 01:45 on March 11, 2018, the Defendant sought to leave beer’s disease, which is a dangerous thing at the above CC club, to the victim E, and while the victim prevented it, the beer’s disease was left away from the victim’s fingers.

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

2. The Defendant was suffering from a special injury, following the date and time set forth in paragraph 1, and at the same time and place, and the head of the Victim F, followed by the victim’s hair, and the days of treatment cannot be known to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Each police statement of E and F;

1. Application of damaged photographs, copies of identification cards of related persons, and the A photographic Acts and subordinate statutes of suspect A;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), 261, and 260 (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines for crimes Nos. 1 [Scope of Recommendation] and the scope of the recommended punishment according to the sentencing guidelines for crimes Nos. 1 [No person who has been specially punished] and the basic area (6-2 years) of the injury by special injury and repeated crimes (a person who has been specially punished] [the scope of recommending punishment] / Where the degree of assault is minor (a person who has been specially mitigated) and special mitigation (a person who has been specially mitigated in January-1 and February) (a person who has been specially mitigated in January 6), and the scope of the final sentencing due to the aggravated punishment of the number of total members who have not been punished: June-2 and July-2: The scope of the comparative sentence between the applicable punishment and the recommended punishment: June-2.