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(영문) 수원지방법원 성남지원 2019.07.10 2019고단810
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 23:50 on March 16, 2019, the Defendant assaulted the victim’s head at the time of the victim’s head on the ground that the conduct of the victim D(the age of 26) in the 2nd floor C (the age of 26) was sleeped due to a dangerous object on one’s table.

2. The Defendant assaulted, at the time and place specified in Paragraph 1, that the victim D (the age of 38) and E (the age of 27) were at the victim’s face to drink the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D, D, and E;

1. A report on investigation (CCTV investigation) and a photograph to establish a crime sceneCCTV;

1. Application of statutes on photographs of damage;

1. Relevant Articles 261 and 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Scope of punishment by law: One to seven years of imprisonment;

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

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6] and the elements to mitigate repeated crimes and special assault (Special Violence ]: Where the degree of the assault is insignificant (Type 1, 6, and 7): the mitigated area (the recommended area and the scope of recommended punishment); February to December; and December;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two months to one year (the upper limit of crimes No. 2) for two years;

3. Determination of sentence: Determination of sentence: The crime of this case is not easy, the number of victims can take place, the number of victims is disadvantageous, the damage is not recovered, the fact that the result of the crime is not excessive, the confession and reflect are made, and there is no power to commit the crime exceeding a fine due to the use of force.

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