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(영문) 부산지방법원 2019.08.14 2019고단2261
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Attachment to Cumulative Crime] On November 28, 2016, the Defendant was sentenced to imprisonment for a special injury by Busan District Court for eight months, and the execution of the sentence was terminated on July 25, 2017.

【Criminal Facts】

On May 7, 2019, at around 18:30, the Defendant: (a) called “D” in the name of “D” in the Geum-gu, Busan, for the reason that C was under the influence of alcohol to the Defendant; (b) opened one stop for delivery, which is a dangerous object at the same time, and opened the restaurant door to the front of the restaurant; (c) opened the restaurant door to the victim E (V, female, 28 years old) who passed from the road without any particular reason, was on the part of the victim’s left part of the delivery, and continued to go against the Defendant’s husband F (36 years old) of the said victim’s husband, who was at the end of the restaurant, was able to take part of the victim’s face.

Accordingly, the Defendant assaulted the Victim F and assaulted the Victim E by carrying dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigation report ( telephone conversations between shots G);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 260 (1) of the Criminal Act ( point of violence), and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First crime: Aggravation area, and imprisonment with prison labor for six months to two years;

(b) Second crime: Aggravation area, imprisonment with prison labor for a period from April to June;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to three years;

2. Determination of sentence: Imprisonment with prison labor for a defendant for six months shall be punished several times in the same previous department;

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