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(영문) 울산지방법원 2019.10.23 2019고단2644
특수폭행
Text

A defendant shall be punished by imprisonment for four 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

At around 02:50 on June 9, 2019, at the entrance of the building parking lot of Ulsan-gu B, Ulsan-gu, the Defendant reported that the victim D(38 years of age) who had been engaged in work with C had been in a relationship with C was exposed to the relationship between C and C at the entrance of the B-gu, Ulsan-gu, Seoul-do, where C had previously been in a relationship with C, and the Defendant was aware of the relationship between C and C, and then when the victim's body and head were recovered from the Defendant's vehicle.

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 the Acts and subordinate statutes governing criminal implements and photographs;

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. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the category 6] repeated crimes, special assault [the special offender] mitigated elements: Where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment] mitigated areas, and February through February, respectively;

3. Determination of sentence shall be made as ordered in the range of recommended sentence according to the sentencing guidelines, comprehensively taking into account all the circumstances revealed in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime in this case, that the defendant has led to the confession of the crime in this case, that the defendant has agreed with the victim, that there are many criminal punishment records that exceed the fine, but there are no criminal punishment records that exceed the fine.

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