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(영문) 서울남부지방법원 2016.04.27 2016고단523
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 07:30 on January 30, 2016, the Defendant: “C” singing room 8, located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; and the Victim E (V, 23 years of age) who was aware of D as a result of D’s introduction, while drinking alcohol to the Defendant, the Defendant: (a)

“Along with the fact that the victim was a trial guard, and the victim was able to go out of the house, and the victim was assaulted by having the victim go to the right side of the victim on the ground of a small-scale illness, which is a dangerous object on the table, which is a dangerous object on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines [types] of violent crimes: Habitual and repeated crimes, and special assault (type 6) [Special Sentencing Persons] mitigated elements: In the area of mitigation of punishment [the area of recommendation and the scope of punishment], mitigation area of punishment [the area of recommendation and the scope of punishment], period of April to one year and two months [the general sentencing person] mitigated elements: Serious reflectness, aggravated factors: previous convictions (less than 10 years after the completion of execution) that do not constitute repeated crimes;

3. Reasons for the suspension of execution [major reasons for the suspension of execution] negative: Criminal records of the same kind (not more than a five-year suspension of execution), positive: negative results of the suspension of execution (reasons for general consideration): At least two times, positive results of the suspension of execution, contingent crimes, serious reflects.

4. Even though the Defendant, who was sentenced to three times the sentence for violent crime, was sentenced to two times the suspended sentence, it again leads to the instant crime, and it is a dangerous act that may cause serious injury to the victim, the nature of the crime is not exceptionally given that it is a dangerous act that may cause serious injury to the victim.

However, it reflects the defendant's wrong.

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