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(영문) 대구지방법원 김천지원 2019.07.23 2019고단581

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant and the victim B (the 54 years of age) are married couple.

On May 16, 2019, at around 14:50 on May 16, 2019, the Defendant rendered one time the head of the victim's household fire extinguishers, which is a dangerous object in front of the visit, due to drinking, on the ground that the victim's horse and dispute with the victim occurred while making a drinking.

Accordingly, the defendant abused the victim by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each report on internal investigation, the application of each Act and subordinate statute to photographs;

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 under Article 62 (1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing)

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

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] violent crimes [Type 6] repeated offenses and special assault [Special Convicted Persons] mitigated elements: The area of reduction of punishment [the area of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], two months through one year and two months;

3. In light of the fact that the Defendant, who was sentenced to the sentence, committed a crime solely on the ground that the Defendant was simply aware of a dispute, and taking into account the tool used for the crime and the part of the assault, etc., the risk of causing more serious consequences to the instant crime is unreasonable.

However, there are circumstances to consider in determining sentencing, such as the fact that the defendant shows that all of the crimes are recognized by the defendant, and that there is no criminal force prior to the instant case, and that the victim does not want to use the defendant and to punish the defendant.

In addition to the above various circumstances, various sentencing conditions, such as the above sentencing guidelines and the defendant's age, character and conduct, health status, relationship with the victim, details of the crime, circumstances after the crime, and attitude after the crime, shall be considered.