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(영문) 서울서부지방법원 2019.05.08 2019고단420
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

On February 1, 2019, at around 05:04, the Defendant used “C” restaurant located in Yongsan-gu Seoul, Yongsan-gu, Seoul, that read, “I am going to know whether I would like to see that I would like to see that I would like to see (sex) several times during a fish control night, I am to see if I would like to see the victim’s head, which is a dangerous object on the table.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to CCTV CDs as a result of the reproduction;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to five years;

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: Imprisonment with prison labor for six months, suspension of execution for two years (unfavorable circumstances)] not to be recovered from any damage; (i) there is no criminal record exceeding a fine; and (ii) the degree of damage is not much severe;

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