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(영문) 광주지방법원목포지원 2020.12.22 2019고단355

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

The evidence 1 (one monmonst stamper) confiscated by the defendant shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On October 18, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor for special intimidation, etc. at Jeju District Court and 2 years of suspended execution, which became final and conclusive on October 26, 2017, and is currently under suspended execution, and on February 8, 2018, the Defendant was sentenced to 6 months of imprisonment with prison labor for obstruction of performance of official duties, etc. at the Jeju Prison on April 23, 2018.

【Criminal Facts】

At around 06:40 on January 3, 2019, the Defendant: (a) 1:3, the Defendant: (b) randdd the victim into a newspaper or magazine room operated by the victim D (W, 58 years old) with a small light, thereby harming it; (c) however, on the ground that the victim did not find a public figure, the Defendant used the victim’s damaged part of the victim’s hand by using a monlap ( approximately 27cm in length) which was a dangerous object.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Police seizure records;

1. On-site photographs, notifications of departments related to reporting the 112 Incident, investigation reports (to telephone investigation of the victim), investigation reports (to hear statements related to the implements of the crime against D) and investigation reports (to hear statements from the victim's counter party D);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (suspect A repeated crime records, etc.);

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 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. Aggravation of the punishment according to the sentencing guidelines (decision of types) for violent crimes: Aggravation of the punishment [Type 6] for repeated crimes and special assault [Special Aggravation]: Aggravation of the punishment for repeated crimes (excluding the types of repeated crimes in six categories): Imprisonment with prison labor for the same repeated crimes (excluding the field of recommendation and recommendation types) [excluding the range of repeated crimes in six categories] increased, six months to two years;

3. Determination of sentence: Six months of imprisonment;