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(영문) 서울동부지방법원 2020.04.13 2019고단4157

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2019, at around 19:0, the Defendant d'C' located in Seongdong-gu Seoul Metropolitan Government B and the second floor, performed drinking together at the main point of "C", and used the victim d's disease, which is a dangerous object on the table, and used the victim's head during the conversation with the issue of wage payment at the construction site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on police seizure records;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the special assault [type 6] - The elements of mitigation [the scope of recommendations and recommendations] - The areas of mitigation [the scope of recommendations and recommendations] mitigated, two to one year and two months [the general person in prison] - The factors of mitigation: The strong radius [the reasons for suspension of execution] - The important reasons for suspension of execution - The general pride: contingent crimes, the strong radius.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;