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(영문) 수원지방법원 2019.06.21 2019고단1548
폭행
Text

A defendant shall be punished by imprisonment for four months.

However, 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

On October 29, 2018, at around 09:14, the Defendant assaulted the victim, such as breaking the inside part of the victim D (the age of 48) in front of Suwon-si C in Suwon-si B, without any reason, on two occasions with the upper part of the hand hand hand hand hand hand, and tightly sealed the head hand hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written statements in D and E;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One month to two years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes [Type 1] general assault [Special Punishment] mitigated elements: Where the degree of assault is insignificant (Type 1, 6, and 7] (the area of recommendation and recommendation range] mitigated area, imprisonment for one month through eight months;

3. Determination of sentence: In light of the fact that the defendant was punished for four months of imprisonment, two years of suspended sentence, or nine times of imprisonment (one time of imprisonment, four times of suspended sentence, and 14 times of fine) due to an act of violence, he/she reaches the crime of this case at another time, and that the defendant assaulted the victim without any reason, it is reasonable to choose imprisonment.

The above punishment shall be determined in consideration of all the sentencing circumstances, such as the defendant's confession of these circumstances, the degree of damage is not significant, and the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime.

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