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(영문) 대구지방법원 포항지원 2020.03.12 2019고단1530

폭행

Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:45 on October 8, 2019, the Defendant expressed a bath to the victim D (Nam, 37 years of age) who was drinking an impliedly in front of the packing horse in south-gu B at port without any justifiable reason while drinking an silence, and used the victim's face and part of the victim in his arms, and used the victim's face and part of his/her bridge to walk several times by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 260 (1) of the Criminal Act applicable to the crimes and Article 260 (1) of the Election of Imprisonment or Imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: One month to two years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [decision of types] violent crimes [No person who has a general assault [No person who has a special assault] [the area of recommendation and the scope of recommendation], the basic area of the punishment, and February through October.

3. Determination of sentence: (a) the method and result of the crime of sentencing; (b) the injury was not neglected by the victim; (c) the crime of violence or obstruction of performance of official duties, etc.; and (d) the punishment was imposed once by a suspended sentence; and (d) the punishment was determined by taking into account the fact that the Defendant’s mistake was against the Defendant; and (d) probation and community service order shall be suspended only once, taking into account all the circumstances, including the Defendant’s age, career, family relationship