(영문) 울산지방법원 2019.06.19 2018고단3929

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(영문) 울산지방법원 2019.06.19 2018고단3929

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around 20:40 on August 24, 2018, the Defendant: (a) was requested to calculate the drinking value by the victim D (Inn, 47 years of age) who is the owner of the business at the main point C (the victim D) in Ulsan-gu, Ulsan-gu; (b) was fluencated by taking the victim’s neck; and (c) was fluor, a dangerous object located therein; and (d) went down by the victim’s back water level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

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 which choose a penalty;

1. Grounds for sentencing under Article 62 (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 [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 shall be made as per the order of sentencing within the scope of recommended sentence according to the sentencing guidelines, comprehensively taking into account all the circumstances shown in the records, such as the fact that the defendant made a confession of the crime of this case, that the defendant agreed with the victim, that the victim does not want the punishment of the defendant, that the defendant has been punished for the same crime six times (including suspension of execution of imprisonment), and that the defendant has been punished for the same kind of crime (including suspension of execution of imprisonment), and that the defendant's age, character

참조조문

-형법 제62조 제1항

-형법 제260조 제1항

-형법 제261조

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