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(영문) 대구지방법원 포항지원 2020.03.20 2019고단1656

특수폭행등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 19:55 on October 18, 2019, the Defendant: (a) committed assault against the victim, “D”, operated by the victim C (here, 48 years of age) in South-gu, Nam-gu, to enter the main points of “D”, which is operated by the victim C (here, 48 years of age) and drinking alcohol to customers E without any justifiable reason, by gathering a beer, which is a dangerous thing for customers E to sit, and displaying the victim C’s face face, which he/she sits down to the above main points of the week; and (b) threatening the victim “Is the shot, the opposite kick, and the opposite kick kick kick kick kick kick.”

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes on site photographs, alcoholic beverage value receipts, and statutes on the 112 Reporting Case List;

1. Relevant Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of applicable laws concerning criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

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

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 mitigated element: the mitigated element of punishment [the scope of the recommended area and the recommended punishment], the mitigated area of punishment [the mitigated area], imprisonment with prison labor, two to one year and two months [the general aggravated factors] - the division of the same sentence (the period less than 10 years after the completion of execution] that does not constitute a repeated offense (the grounds for suspension of execution] - The major pride reasons for suspension of execution - Where the person who has committed a crime by carrying dangerous articles - General misconduct reasons for suspension of execution not less than two times;

3. In addition to the above sentencing factors, it shall be taken into account that the defendant's violent power, such as imprisonment with prison labor, suspension of execution, and fines, is extremely large.

Public prosecution dismissal part (Assault)

1. The Defendant, at the time of the record of the facts constituting the offense, assaults, the customer E, refers to the Defendant as to why he/she abused C at the same place.