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(영문) 수원지방법원 2018.02.09 2017고단6879
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 20, 2017, the Defendant: (a) expressed in CKaf in Kaf in Kaf in Kaf in Kafa in Masung-si B; (b) expressed that the Defendant “Yhhhhh” is “Whhhh” to a fluent customer and restrain him from doing so; (c) expressed that “Shhhh from the year to the beginning of the same year hackhhhhh”; (d) once the victim’s hacks the victim’s right shoulder by drinking twice; (c) the victim’s shouldered the victim’s shoulder to go beyond the victim’s shoulder, and (d) laid down the cement brick at the construction site two times, followed by the victim to escape from the Kaf and escape from the Kaf, thereby putting the victim’s face on both hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An investigation report (a report on the change of the name of a crime), an investigation report (a statement of a witness E), an investigation report (a statement of a witness F);

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense, the reasons for sentencing chosen to be sentenced to imprisonment;

1. The scope of the recommended punishment according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court [type] and the basic area [the scope of the recommended punishment] of the six types of violent crimes (Habitual, repeated crime, special violence) [the scope of the recommended punishment] from June to October of the year;

2. In light of the fact that the Defendant, who was sentenced to criminal punishment, such as suspended sentence, committed the instant crime even though he/she had the history of criminal punishment such as the crime of the same kind, and the liability for the instant crime is not less severe, and the risk of the instant crime is not small, and the Defendant did not receive a letter of suspicion from the injured party up to now, it is inevitable to punish the Defendant significantly.

In addition, comprehensively taking into account the following circumstances, such as the defendant's age, sex, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., the sentence like the order shall be imposed within the scope of the recommended punishment.

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