beta
(영문) 전주지방법원 2020.08.19 2020고단338

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 20:50 on January 17, 2020, the Defendant: (a) placed two long-terms in the main prison room in the Yansan-dong, the Yansan-dong, and (b) placed the victim C (23 years of age) in the same day on the same day; (c) placed the victim’s letter while refusing to use it, and (d) placed the victim’s face at hand, which is a dangerous object (120cm in length, 80cm in width) in both hands, and took a attitude that seems to make it possible for the victim to take the victim’s face.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to C, D, E, F, G, and H;

1. Application of Acts and subordinate statutes to the victim (C) his/her body photograph, and a photographed photo;

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. 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. The sentence shall be determined as per the order, comprehensively taking into account the following circumstances: the Defendant’s age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime was committed, and other various sentencing conditions as shown in the instant records and the trial process.

-crimes committed by assaulting other prisoners in prisons while in prison, carrying dangerous objects, are not good.

- No damage has been recovered.

- The defendant has several sentences, suspended execution, and criminal records of fine due to violent crimes.

- The defendant is led to confession.