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(영문) 대구지방법원 2019.05.02 2019고단587
특수폭행
Text

A defendant shall be punished by imprisonment for one year.

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

At around 02:25 on October 11, 2018, the Defendant walked a path to a taxi at the front of the Daegu Dong-gu, Daegu-gu, Daegu-gu. Around 02:25, in front of the restaurant, the Defendant was able to gather approximately four news gab block, which is a dangerous object in India, while putting the victim D (n, 23 years of age), and E (n, b2 years of age).

The defendant, carrying dangerous articles, assaults victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs;

1. Application of Acts and subordinate statutes to report internal investigation and telephone conversations;

1. Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 44-2 (1) and subparagraph 2 of Article 2-3 of the Medical Treatment and Custody, etc. Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes [type 6] and the basic area that there is no repeated crime, special violence (special person in appearance] (the scope of recommending area and recommendation], and April through January 10.

3. Determination of sentence: A suspended sentence of one year - having been sentenced to imprisonment 2 years - having been sentenced to imprisonment without any reason, and the Defendant committed the instant crime even if he was punished several times for the same kind of crime and the same type of fine in 2018 - The Defendant recognized the instant crime and reflects the Defendant’s psychological difficulties in the course of divorce lawsuit in 2018, and dependent on the Defendant’s depend on the breath of alcohol in the course of divorce lawsuit in 2018 seems to have a little impact on the crime, and the Defendant expressed his will to be able to concentrate on his occupation for three children, and is other than the Defendant’s age, character and conduct.

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