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(영문) 광주지방법원 2015.12.16 2015고단4344
특수폭행
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 29, 2015, at around 15:50, the Defendant took a bath to the victim D (the 60-year-old age-old) who had drinking in front of the children's play park Cpark in Nam-gu, Nam-gu, Gwangju, on September 29, 2015, followed the victim's face one time by beer disease, which is a dangerous thing at the scene.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made to D by the police;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;

1. Scope of recommendations on the sentencing guidelines [decision of types] - Types 6 (Habitual, Cumulative, Special Violence) (Special Assault) (Special Convicted Person] - Reduction Area (Determination of Recommendation Area] Reduction Area [Scope of Recommendation Area] 4 to 1 year and 2 months [General Sentencing] Reduction Area - Reduction element of mental and physical disability (limited to the person in question responsible for the person in question);

2. Whether or not to add the suspension of execution - Where the reason for major reference is carried with a negative deadly weapon or other dangerous articles - The reason for major reference: positive punishment not to be imposed - the reason for general reference: There is no reflective behavior against the suspension of execution not less than twice adversely - the reason for general reference: positive and contingent crimes;

3. Six months (two years of suspended execution of sentence) of imprisonment with prison labor;

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