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(영문) 대구지방법원 안동지원 2017.11.28 2017고단233
특수폭행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

At around 04:30 on February 5, 2017, the Defendant drinking alcohol with the “D” list No. 3 operated by the Defendant at Ansan-dong, B, and around 04:30 on February 5, 2017, while drinking alcohol with the female-friendly E, F, and the victim G (26 years of age) who is an employee, and boomed with the entrance and the beer residues in the process of disputing with E, and carried with the entrance and the wall. The Defendant used the dangerous plastic ice, which is a dangerous object, and boomed the victim’s head head, and boomed the victim’s flap with the victim’s head, and flading the beer’s head.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to C, H, I, and G;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment.

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the area of mitigation (4 months to 1 year and 2 months), the area of mitigation (including special mitigation persons), the area of punishment not for punishment (including serious efforts to recover damage), or damage equivalent to a considerable portion has been restored;

2. Circumstances favorable to the determination of sentence: The Defendant acknowledges and reflects his mistake.

In agreement with the victim, the injured party does not want the punishment of the defendant.

The Defendant committed the instant crime again, even though he/she was sentenced to a suspended sentence of two years for a year due to a violation of the Punishment of Violences, etc. Act (joint injury) on July 18, 2014.

In light of the criminal history and character and behavior of the defendant, the risk of recidivism seems to exist.

The age, sex, and environment of the defendant;

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