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(영문) 대구지방법원 김천지원 2020.06.25 2020고단377
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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 21:20 on February 25, 2020, the Defendant assaulted the victim’s neck by her hand on the ground that the victim D, who is the owner of the business, was not affected by the alcohol level and disregarding himself, at the “Cju” located in the Gumi City B (the age of 53).

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation and report internal investigation (related to the submission and perusal of CCTV records for victims);

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal 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 [the scope of the recommended punishment] [the category 6] repeated crimes, special assault [the special offender] mitigated elements: Where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment] mitigated areas, and February through February, respectively;

3. The fact that the Defendant, who was sentenced to the sentence, was sentenced to punishment several times for the crime of obstruction of performance of official duties in 2018, such as being sentenced to the punishment for a two-year period of suspension of execution in 6 months, and the nature of the crime in this case is poor in light of the form of the crime in this case. However, the victim was the Defendant’s wife against the Defendant, and the Defendant showed an attitude to recognize and reflect the Defendant’s criminal act, and other conditions of the sentencing as shown in the argument in this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., shall

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