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(영문) 창원지방법원 통영지원 2019.08.20 2019고단560

폭행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:40 on May 5, 2019, the Defendant: (a) committed an assault against the victim on the ground that the victim D(22 years of age) was her own while smoking tobacco from the main stairs of the building B in Young-si and the fourth floor “C”, and that the victim D(22 years of age) was her own. In doing so, the Defendant used the victim’s her neck on a single-time hand, with the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on internal accidents (the statement, etc. of a shote);

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment for one month to two years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: Violence crimes [Class 1] general assault [Special Sentencing] mitigated elements: Where the degree of assault is minor (the scope of recommendation field and recommendation range] mitigated area, imprisonment with labor for one month or month;

3. In addition to the fact that the Defendant was sentenced to a suspended sentence of one year due to a violation of the Punishment of Violences, etc. Act (joint assault) on January 11, 2017, a number of criminal records of violence, such as the Defendant’s speech and behavior and degree of violence at the time of the instant crime, and the Defendant was sentenced to a suspended sentence of six months of imprisonment. The degree of violence in this case is relatively minor, and the Defendant’s mistake is recognized. In full view of all sentencing conditions as indicated in pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, the execution of the sentence shall be suspended on the premise that probation is faithfully performed.