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(영문) 광주지방법원 2021.02.04 2020고단6228
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Attempted Crime] On March 29, 2017, the Defendant was sentenced to three years of imprisonment by the Gwangju District Court for special injury, etc., and completed the execution of the sentence on September 29, 2019.

[Criminal facts]

1. In around 04:10 on November 10, 2020, the Defendant: (a) committed assault against the victim PP (26:3) located in Young-gun, Namdong-gun; (b) on the ground that the victimized person drinking alcohol gets her to the Defendant; (c) her panty, which is a dangerous object in the pande, was her panty, and her head was her head three times.

2. Special intimidation: (a) the Defendant, at the above time and place, adopted a knife knife, which was a dangerous object in the state of the scambling at that place; and (b) told the victim of the death.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to P and Q;

1. A criminal investigation report (to attach a list of reported cases processing cases and attach a recording file);

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (applicable to file of records, such as suspect A period of repeated offense and text of judgment);

1. Relevant legal provisions of the Criminal Act and Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act concerning criminal facts, Articles 284 and 283(1) (a point of special intimidation) of the Criminal Act; Selection of imprisonment for each of the following reasons:

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of applicable sentences under law: One month to twenty-one years of imprisonment (an aggravated application of concurrent crimes and aggravated application of repeated crimes);

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

(a) Crimes No. 1 (Special Violence) (Special Assaults [Determination of Type] Violence / [Type 6] Special Assault / Special Assault / Special Assault / Special Sentencing / Special Sentencing : Reduction element: In the area of mitigation [the area of recommendation and recommendation] mitigation element of the same repeated crime [the scope of recommendation and recommendation] mitigation area, February through February of the imprisonment;

(b) Class 2 Crimes (Special Intimidation) / Intimidation [Type 4] Special Intimidation [Special Intimidation (Special Aggravation for Sentence 4] : Aggravation of Punishment: Cumulative Crime of the same kind [In the sphere of recommendations and recommendations].

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