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(영문) 서울남부지방법원 2021.01.28 2020고단6068

특수폭행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 22:50 on September 14, 2020, the Defendant, at the main point of “C” located in Yeongdeungpo-gu Seoul Metropolitan Government B2, performed alcoholic beverage with the victim D (the remaining, 42 years old and E) and E, who performed alcoholic beverage with “Shman Love,” the Defendant, as a matter of the payment of the drinking value, was fluoral disease, which is a dangerous object on the table, and the Defendant, at his hand, went beyond the time when the victim d's her her bump is applied to the victim.

Accordingly, the defendant carried dangerous objects and assaulted the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of on-site photographs and CCTV video CD-related Acts and subordinate statutes;

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

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 6] violent crimes [type 6] repeated crimes and special assault [person subject to special sentencing] - mitigated elements: Non-won of punishment [the area of recommendation and the scope of recommendation], the area of mitigation [the scope of punishment], the area of mitigation of punishment from February to February 1 [the person subject to general sentencing] [the grounds for suspension of execution] - Major grounds for recognition: Non-won of punishment;

3. The sentence is to be imposed in the same manner as the sentence, comprehensively taking into account the reasons for the determination of sentence, the age, sex, criminal records, the circumstances before and after the commission of the crime, and the factors of the sentencing revealed in the trial process;