beta
(영문) 수원지방법원 안양지원 2019.10.23 2019고단1018

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 May 15, 2019, around 18:25, the Defendant was under the influence of “C” in front of the Manan-gu, Sinyang-gu, Sinyang-si, the Defendant 18:25, and was under the influence of alcohol, and when the victim D (M, 59 years old) shot the Defendant home, and when the Defendant sbrooms (1m in length) where the sbroom was placed in a nearby place, and sbrooms and arms of the victim three times.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes concerning violence against the site and D, taking photographs of the victim;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing of sentencing, such as probation, medical treatment order and order to attend a lecture, Article 62-2 of the Criminal Act, Article 44-2 and subparagraph 2 of Article 2-3 of the Medical Treatment and Custody, etc. Act (as a result of the record, the defendant needs to receive medical treatment for alcohol dependence, and considering the circumstances and details of the crime of this case, if the defendant does not undergo the above medical treatment, the risk of recidivism is recognized)

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

2. The elements for mitigation of punishment (including serious efforts to recover damage) or considerable damage, which are set forth in Types 6 (Cumulative Offense and Special Violence) (Special Assault): The area of mitigation of punishment (including the area of recommendation and the scope of recommendation), the area of mitigation of punishment (including the area of recommendation and the scope of recommendation), February to February of the relevant year and February of the relevant year;

3. In full view of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, circumstances after the crime, the results of the investigation before the judgment of the probation office prior to the judgment of the probation office, etc., the sentence of imprisonment within the scope of recommended sentencing guidelines shall be imposed, and to prevent recidivism.