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(영문) 대구지방법원 2019.07.09 2018고단2182
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On November 2, 2017, the Defendant was sentenced to two years of suspension of execution on the grounds of assault at the Daegu District Court on April 2, 2017, and the judgment became final and conclusive on the 10th of the same month.

【Criminal Facts】

On March 10, 2018, the Defendant: (a) 00:20, when she singing in the “Crogate” located on the Daegu Dong-gu B and 1st underground floor, and she sing away from the victim D (at the age of 48) who is a business owner, she sing the horses, she sing the horses, and she sing off the victim’s neck with his/her left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Three copies of the photograph;

1. Criminal records as stated in the judgment: Application of criminal records, reply reports, investigation reports (a) and statutes attached to the same previous judgment, etc.;

1. The relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. The scope of recommendation [decision of type] according to the sentencing guidelines and the scope of recommendation [No person who has a general assault [type 1] (the scope of recommendation field and recommendation range], the basic area of recommendation [the scope of recommendation field and recommendation range], and February through October; and

2. Determination of sentence: Determination of sentence, in full view of the following circumstances: Imprisonment with prison labor for not less than four months and other records, such as the defendant's age, occupation, character and conduct, environment, motive and means of committing a crime, circumstances after committing a crime, and various conditions of sentencing as shown in the pleadings of the case;

D. Unfavorable circumstances: Crimes committed by a defendant while under the same suspension of execution against another person shall not be less severe than the nature of such crimes in light of the circumstances and contents of such crimes.

The damage recovery was not made.

It did not make efforts to recover damage.

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