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(영문) 의정부지방법원 고양지원 2019.05.24 2019고단477

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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2019, around 23:43, the Defendant d(39 years of age) of the victim D(L) of the workplace car who d(39 years of age) with drinking together at a general restaurant in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Goyang-si, had inflicted an assault on the victim by beer who is a dangerous object on the table of the table for the reason that the victim d(s) with the above d(39 years of age had been under the influence of alcohol and had flown without any bruction on the part of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (or a relative investigation of a victim or witness);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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. In light of the fact that the defendant who has been sentenced to multiple punishments due to violent crimes, etc., the risk of the defendant's use of the goods, and the fact that the nature of the crime of this case is very poor, etc., it is disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant recognized the crime of this case and reflects his mistake, and that the victim seems to have never been suffering from special wounds.

In full view of the aforementioned circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various circumstances that constitute the sentencing as shown in the records and arguments of this case, including the circumstances after the crime, etc., the punishment as ordered shall be determined.