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(영문) 수원지방법원 안양지원 2021.03.05 2020고단1425

특수폭행

Text

Defendants shall be punished by imprisonment for six months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2020. 4. 19. 14:30 경 안양시 만안구 C에 있는 ‘D’ 앞에서, 피고인의 직장 동료인 피해자 B( 남, 48세 )에게 ‘ 사장 똘마니냐,

followed. Doz. Doz.

The victim’s face is considered to be “lever,” and the victim’s face is to be taken one time by drinking, and the Defendant assaulted the victim, who is a dangerous thing, to drive away from the victim’s body.

2. Defendant B, at the same time and place as set forth in paragraph (1) of the above paragraph, she collected hack pipe, which is a dangerous object located on the fourth floor of the above building, when the victim A (the South and the age of 41) escaped, and caused the victim’s injury to the victim, she collected hack pipe, which is a dangerous object located on the fourth floor of the above building, on one occasion by taking the victim’s hack part on the part of this part, which requires approximately two weeks treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a report on investigation (referring to a photograph of the body of the victim), investigation report (referring to the submission of a report of injury);

1. Relevant Articles 261 and 260(1) of the Criminal Act (elective of imprisonment): Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act;

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant A: Article 62(1) of the Criminal Act, Defendant B: Article 62(1) of the Criminal Act;

1. Defendant A of the order of community service: The reason for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A who is within the scope of the applicable sentences under law: Imprisonment for one month to five years: Imprisonment for six months to five years;

2. Defendant A: The scope of the recommended punishment according to the sentencing guidelines for two months to one year and two months [type 6] of violent crimes [type 6] the commission of repeated crimes and special assault [special sentencing person] mitigated elements: The mitigated scope of punishment [the recommended territory and the scope of the recommended punishment], the mitigated area of imprisonment for two months to one year: Defendant B: the commission of special bodily injury or repeated crime [the type 1] special injury [the person subject to special sentencing] mitigated element of mitigation [the person subject to special sentencing] of special injury or repeated crime [the person subject to special sentencing]. There are extenuating circumstances in relation to participation in the crime.