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(영문) 광주지방법원 2020.08.27 2020고단1961

폭행등

Text

A defendant shall be punished by imprisonment for 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

1. 피해자 B에 대한 폭행 피고인은 2020. 3. 3. 15:50경 광주 동구 C 지하 1층 'D오락실' 내에서 게임을 하던 중 옆에서 게임을 하던 피해자 B(54세)이 “밀면 고래가 또 나오겠는데, 한번 더 해봐.”라고 옆 사람에게 말하는 것을 자신에게 훈수를 둔다고 생각하고 화가 나, 피해자 B의 멱살을 손으로 움켜쥔 채 1층까지 끌고 올라가 피해자 B을 폭행하였다.

2. Around 16:00 on the same day, the Defendant assaulted the Victim B by taking a knife, which is a dangerous object purchased from nearby stores in Gwangju Dong-gu C and “F,” thereby threatening the Victim B, and preventing the victim E (22 years of age) who was next to it, and assaulted the Victim E by taking away the knife that is a dangerous object purchased from nearby stores in Gwangju Dong-gu C and “F.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Seizure records;

1. Application of statutes on receipts for purchase of field photographs and blades;

1. Relevant provisions of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation under Article 62-2 of the Criminal Act;

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

1. The scope of punishment by law: Imprisonment with prison labor for one month to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and no repeated crime and special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation) are basic areas; imprisonment with prison labor for up to April 1 year and six months;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Type 3 (Assault).