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(영문) 수원지방법원 2020.09.24 2020고단4148

특수폭행

Text

A defendant shall be punished by imprisonment for one year.

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

Around 00:30 on April 8, 2020, the Defendant: (a) came to fall under the time of separate collection from the office of office of office of the first floor of the building C, the building C, and (b) when the head, face, and left arms of the victim D (the victim 60 years of age) who is the security guard of the above officetel was taken to drinking, and (c) once as a water tank of an empty water purifier, which is a dangerous object such as the victim's head, and (d) once as a tree table ( approximately 89cm x 5cm x 39cm x 39cm) which is a dangerous object such as a dangerous object such as the victim's victim's head, and (e) when the victim was frighted to drinking with the victim's face, clothes, part, and so on, the Defendant used the victim to assault him.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to field photographs, photographs of damaged parts, investigation reports (Evidence List Nos. 13) prepared by F of the statement of the police in relation to D;

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 of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of recommendations according to the sentencing guidelines: Types VI (Special Aggravation for Assaults and Special Violence) for violent crimes, from two months to one year and two months (decision of types of punishment) for which the punishment is to be mitigated: The area subject to mitigation of punishment for which no penalty is to be imposed, and the area subject to mitigation of punishment:

3. Determination of sentence: One year of imprisonment with prison labor, and two years of suspended sentence, the Defendant, carrying dangerous objects as indicated in the holding, uses influenite violence against the victim who is an officetel security guard, thereby causing serious physical or mental pain to the victim; thus, the Defendant’s crime cannot be deemed to be light.

However, the defendant acknowledges and reflects his mistake, and the defendant expresses his intention that the victim does not want the punishment of the defendant in this court by mutual consent with the victim.