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(영문) 수원지방법원 평택지원 2019.09.10 2019고단649

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On January 14, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act, etc. in the Suwon District Court’s Eunpyeong Housing Site, and was released on July 29, 2016 during the execution of the sentence, and on September 13, 2016, the parole period expired.

On February 13, 2019, at around 06:40, the Defendant collected one beer disease, which is a dangerous object on the table, while making a dispute with the victim D (the victim D, 47 years old), and got her to the victim.

In the end, the Defendant carried a dangerous object with beer disease, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification during the repeated period);

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The sentencing guidelines for sentencing under Article 35 of the Criminal Act among repeated offenders is minor between February and February (the degree of violence is minor). The Defendant again committed the instant crime even though he had the record of being sentenced to a fine one time during the period of repeated crime, the circumstances leading up to the assault, the victim’s damage has not been recovered, and the Defendant’s criminal records have been taken into account.