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(영문) 의정부지방법원 고양지원 2019.06.21 2019고단1328
특수폭행
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

On April 6, 2019, the Defendant: (a) around 13:02, at the Goyang-gu Incheon Metropolitan City B Village C-dong parking lot, the security guards were distributed to the above apartment site from D (55 years old) to the Defendant’s E-learning car, and was trying to get out of the above apartment site, and the Defendant was pushed ahead of the victim’s left side of the road, which is an object dangerous to block the street, and proceeded with the degree of 1m as it is.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the internal inspection report (CCTV verification);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area ( April to January and October) (no person specially punished) of the crimes of assault and crime of category 6;

2. Although the nature of the instant crime is extremely poor in light of the risk of the Defendant’s use of the goods, considering the favorable circumstances that the Defendant recognized the instant crime and reflects his mistake, and that there is no specific criminal record up to now, the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and other circumstances, which serve as sentencing specified in the records and arguments, including the circumstances after the commission of the crime, shall be determined as ordered.

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