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(영문) 대구지방법원 2016.05.12 2016고단649
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 5, 2016, the Defendant, around 22:45, 2016, transported alcoholic beverages within D main points operated by the victim C in Daegu Dong-gu, Daegu-gu, and abused the victim’s head on one occasion on the ground that he saw the victim to go from the main points.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] Violence (Habitual, Cumulative Cumulative Offense, Special Violence) / [the person who has been subject to special mitigation] / [the person who has been subject to special mitigation] / In the mitigated area (including efforts to recover damage) or considerable damage (the decision of sentence ] / The sentence / the defendant’s age, sexual behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc. are taken into account, and the sentence is determined as per the disposition.

D. Unfavorable circumstances: The Defendant was the head of the victim due to beer's disease, which is a dangerous thing, and the above act by the Defendant is highly dangerous and may result in an unbrupting result.

There are many criminal records related to violence against the accused.

A favorable circumstance: The victim does not want to punish the defendant.

The defendant shows a attitude to reflect his fault.

There is no criminal history above the suspended sentence against the defendant.

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