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(영문) 서울중앙지방법원 2020.05.20 2019고단7641
폭행등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:00 on October 27, 2019, the Defendant assaulted the victim, such as the victim C(27 years of age) and the head part of the above victim’s head one time, the victim’s face part once in drinking, the victim’s face part once by drinking, and the victim’s hand.

2. Special intimidation: (a) the Defendant assaulted the Victim C at the time, place, as described in paragraph (1) above; and (b) knife the knife (the length and knife length of the gun and the knife) of a dangerous object, and knife it to the said victim; (c) and (d) the Defendant, by making a speech and behavior that seems to inflict harm on the life and body of the victim, was committed by the victim, as described in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. C’s statement;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 260 of the Criminal Act, Article 260 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime, the choice of a criminal sentence, and the choice of a criminal sentence;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

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

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: From April to January 11 (the maximum of crimes No. 2).

2. The age, character and conduct of the accused in the following circumstances:

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