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(영문) 부산지방법원 서부지원 2019.05.09 2018고단1093

특수폭행

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On September 22, 2016, the Defendant was sentenced to four months of imprisonment for a crime of assault at the Busan District Court on March 28, 2017 and completed the execution of the sentence at the Busan Detention Center.

【Criminal Facts】

On July 3, 2017, around 17:55, at the D convenience point of the victim C(27 years of age) work in Busan Northern District, the Defendant purchased goods and did not need to purchase 200 won per annum of the oil 200 won from the victim, and caused a dispute with the victim due to the fact that he was in the carter, and was faced with a dangerous object, the Defendant was faced with the victim with the plastic finite finite finite finite finite finite was faced with the wall, and the small finite finite finite finite finite was in line with the left side of the victim.

In this respect, the defendant assaulted the victim, who was a dangerous object, caused a disease.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A criminal investigation report (CCTV verification report), each photograph, and the victim's photograph;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (verification reports during the period of repeated crimes) Acts and subordinate statutes;

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. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes [type 6] and the basic area that there is no repeated crime, special violence (special person in appearance] (the scope of recommending area and recommendation], and April through January 10.

3. Determination of sentence: The defendant may be sentenced to punishment for the same kind of crime for April, and the crime of this case was committed during the same repeated crime period, the fact that the defendant committed the crime of this case in the same kind of repeated crime, the fact that the small-scale illness of the defendant did not fit the body of the victim, and the defendant's age, happiness, family environment, and the circumstances after the crime of this case, shall be comprehensively considered in light of all the sentencing factors indicated in the records of this case such as the defendant'