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(영문) 의정부지방법원 2019.02.13 2018고단3464

특수폭행

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:40 on July 21, 2018, the Defendant: (a) committed assault against the victims by using the party-gu documentary account, the main part of the victim E, the main owner of the party-gu party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Article 261 and Article 260 (1) of the Criminal Act (a point of special violence) and the choice of imprisonment with prison labor for the crime;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Application of the sentencing criteria;

(a) Each special assault (decision of type), violence crime, assault crime, and Type 6 (Special Violence) mitigated element: Imprisonment not with prison labor (limited to a recommendation range), from February to February (limited to a mitigation area);

(b) Handling multiple crimes: From February to September, one year and two months, the maximum limit of the sentence shall be added to seven months, one-half of the maximum of the sentence scope of concurrent crimes, and the minimum limit shall be the lower limit of the basic crime.

3. Imprisonment with prison labor shall be selected, taking into consideration the fact that the nature of the crime is not good in light of the implements of the crime to be sentenced and the risk of methods thereof, etc.

However, the sentencing criteria and the defendant's age, character and conduct, environment, motive, means and result of the crime, etc. shall be determined in full view of various circumstances, including the fact that the defendant was led to confession, the fact that they agreed with the victims, and the age, character and conduct, environment, motive and consequence of the crime, etc.,