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(영문) 수원지방법원 여주지원 2019.03.19 2019고단159
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:55 on 23, 2019, the Defendant: (a) at the construction site located in B in the Gyeonggi-si, the head of the steel bars, expected the steel bars to work in the window; and (b) committed a dispute with the above C; (c) the victim D (5*) said D (the victim D) said D (5*), and assaulted the victim’s head, which is a dangerous object in possession of a defect, using a safe cap (39cm in length) at one time, of the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the statement of D;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendation: April to October (Basic Area); and

2. Determination of sentence: (a) considering favorable circumstances, such as the fact that the sentence was approved; (b) the fact that the sentence was deemed to have been priceed as a watch, but did not exercise tangible power; and (c) having been punished several times for the same type of crime, the extenuating circumstances shall be considered.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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