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(영문) 부산지방법원 2019.07.18 2019고단2179

특수폭행

Text

A defendant shall be punished by imprisonment for six 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

On April 22, 2019, at around 22:18, the Defendant assaulted the victim C (the 40-year-old) who assaulted B living together with the Defendant on the street in the document culture of Busan, Busan, the 6-year-ro, the 9-year-ro in the front of the exit in front of the exit in front of the exit in front of the exit in front of it, with the victim “Isn?n?n?n?n?n?n?n?n?n?n?n?n?n?n?n?n?n?n?n?n?n?n

Summary of Evidence

1. Defendant's legal statement;

1. Application of laws and regulations on police statements concerning C and D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

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

1. The scope of recommendation [decision of types] according to the sentencing criteria for violent crimes: Violence crimes [Type 6] and no repeated crime or special assault (special assaulter] (the scope of recommendation area and recommendation) (the scope of recommendation area and recommendation), basic area of the punishment, four months to ten months of imprisonment;

2. Although the nature of the crime is not good in light of the risk of excessive decision-making of the sentence, the sentence shall be determined as the order, taking into account the following factors: (a) the defendant is against himself; (b) some of the motive and circumstances of the crime are taken into account; (c) the defendant has no penal power exceeding the fine; and (d) the defendant's age, character and conduct, environment, and the circumstances after the crime