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(영문) 수원지방법원 2019.09.19 2019고단4022

특수폭행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 00:20 on July 23, 2019, the Defendant: (a) heard the horses that the Defendant was under influence of alcohol from the victim, while drinking alcohol together with the victim D (the age of 57) on July 23, 2019; and (b) assaulted the victim, i.e., the victim’s head at one time as a small-scale person who is a dangerous and dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 [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 punishment and the recommended punishment], and the imprisonment between February and December;

3. Determination of sentence: Determination of sentence, taking into account the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of a crime, and circumstances after a crime was committed, the sentence shall be determined as ordered, taking into account various sentencing conditions shown in the arguments in this case

- The degree of risk of committing the crime - Anti-competence / Non-competence of the victim