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(영문) 대전지방법원 천안지원 2021.03.19 2020고단3418
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

On December 7, 2020, at around 20:30, the Defendant, as a matter of calculating the drinking value in the “D cafeteria” operated by the Victim C (son, 67 years of age) in South-dong-dong-dong-dong-gu, Namcheon-si, the Defendant: (a) had a verbal dispute with the Victim C with his head; (b) had the Victim C’s body stuffed; (c) had the Victim C’s neck walked with her head; (d) had the Victim C’s clothes walked with her head; and (d) threatened the Victim C with his/her wall by destroying the flab with his/her wall.

The Defendant continued to go to the victim E (the remaining, 54 years of age) who was a guest in the above dental house, saying, “packer shall go to her time,” while she sees to the victim E, and she did not take any care of the victim E, and she collected the victim E twice through two times, and the her face was faced with the victim E.

Accordingly, the defendant abused victims by using dangerous articles.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of the case, investigation reports and field photographs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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

(a) Crimes Nos. 1 and 2 (Special Assaults) [Special Assaults] / [Type 6] Cumulative Assaults and Special Assaults [Special Sentencings] Reductions: In cases where the punishment is not (including serious efforts to recover damage) or considerable damage has been recovered (the territory of recommendation and the scope of recommended punishment] mitigations, two months to one year and two months;

(b) Scope of punishment recommended according to the standards for handling multiple crimes: Two months to one year (the maximum of crimes No. 2).

2. The Defendant, who was sentenced to the sentence, assaults the victims while carrying a shoulderer soar disease, etc., and is highly likely to commit an act.

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