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(영문) 광주지방법원 목포지원 2019.07.19 2019고단387

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 17:00 on February 22, 2019, the Defendant: (a) at the “C” restaurant located in Sinpo-si, Mapo-si, Mapo-si, Mapo-si; (b) at the same time, the Defendant loaned money to the Defendant for two years prior to the time of drinking with the victim D (year 42); (c) but (d) the Defendant resisted that “I would not offer jobs prior to the arrival of the Defendant’s Samsungphone,” which is a dangerous object, “I would not offer jobs before the arrival of the Plaintiff; and (d) the Defendant’s Samsungphone, which is the dangerous object, continued to blick back the victim’s nose part on the face, and continued to bleep the victim’s fat.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. E statements;

1. A report on investigation (for a mobile phone owned by the suspect who has committed a criminal attempt);

1. Application of statutes on site 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. Article 62 (1) of the Criminal Act;

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] the crime of violence [the category 6], repeated crimes, special assault [the person who has been specially punished] - the elements of mitigation: the area of mitigation [the area of recommendation and the scope of recommendation], the area of mitigation [the scope of punishment], the area of mitigation [the scope of recommendation and recommendation], the period from February to one year [the person who has no general person] [the grounds for suspension of execution] - The major reasons for suspension of execution: the source of punishment (including efforts taken for recovery of damage] - The major reasons for suspension of execution: the same kind of criminal offense (including the same efforts taken for recovery of damage within five years, suspension of execution or a fine of not less

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, community service hours for 40 hours;